Alberta’s Recent Challenges in Access and Privacy

Ms. Jillian Harker, B.Sc., LL.B
Portfolio Officer, PIPA
Office of the Information and Privacy Commissioner of Alberta

• The view of the Office of the Alberta Information and Privacy Commissioner on the disclosure and recording of information for qualified intermediaries
• There is increasing collaboration between public sector bodies and private sector agencies involving the sharing of personal information - which privacy laws apply?
• The Missing Person Act — what information must be provided to the police?
• Mandatory Breach Reporting — what has been the experience in Alberta to date?

Protection of Personal Information in the Private Sector – Quebec’s Position From Yesterday Until Today

Christiane Constant
Commissioner, Access to Information Commission of Québec

• How the Commissioner’s Office wants you to protect personal information — during collection and destruction
• Modifications brought to privacy legislation since 2006
  • Consent to collection
  • Security measures which have to be taken by an enterprise
  • Communication of personal information to a third party, without consent of the concerned person
• An analysis of the Commission’s experience when interacting with the private sector
• Recent decisions rendered in the private sector regarding personal information
• Protecting children in the digital technology era — the Commission’s view
• Chief concerns of the Commission regarding breach of confidentiality pertaining to personal information in the private sector

Smart Grid Case Study: Building Privacy Assurance into Default Modes of Operation

Michelle Chibba
Director of Policy
Office of the Information and Privacy Commissioner of Ontario

While improvements to the electrical grid are necessary for the long-term reliability of electricity and environmental sustainability, unless Privacy by Design principles are incorporated at the outset, and by default, Smart Grid systems run the risk of unnecessarily collecting and disseminating large amounts of personally identifiable information. Privacy is essential to maintaining consumer confidence and trust. The Information and Privacy Commissioner of Ontario, Canada, has taken a global leadership position, in partnership with Smart Grid stakeholders including Hydro One, GE, IBM and Telvent, to ensure that consumers’ personal information is protected. This session will explain how the “Privacy by Design” approach will help utilities build privacy assurance into their default mode of operation.

New Brunswick’s New Access and Privacy Laws: The First Year in Review

Anne E. Bertrand, Q.C.
Commissioner, Office of the Access to Information and Privacy
Commissioner of New Brunswick

• Establishing the Office of the Access to Information and Privacy Commissioner in New Brunswick: historical first
• Provincial oversight body of Right to Information and Protection of Privacy Act and Personal Health Information Privacy and Access Act
• Adopting user-friendly approaches in handling the general public’s concerns
• Establishing guidelines and best practices to educate the public and private sectors on their obligations under the new legislation
• Exploring New Brunswick’s experience with the new legislation

A Comprehensive Look at Changes to the BC Privacy Landscape

Sara Levine
Counsel, AllianceLex Law Corporation

• Key BC cases of the past year
• Personal Information Protection Act issues
  • Data breaches on the rise
  • Public education efforts, by the OIPC and others
• Changes in the Freedom of Information and Protection of Privacy landscape in BC
  • Impact of increased sharing for “citizen-centric services” and government push for amendments to FIPPA
  • What will legislative reform look like?
  • Impact of government proactive release policies
• Personal Health Information issues
  • E-health initiatives in BC
  • Why the amendments to existing health laws creates a de facto “health information privacy” regime

Key Recent Legal Decisions and Trends in Privacy Law

Adam Kardash
Partner and Managing Director & Head of AccessPrivacyHB
Heenan Blaikie LLP

Receive a complete and up to the minute update of the latest trends, regulatory updates and recent decisions in privacy in this thorough session.

• Emerging themes and trends in the privacy arena
• Privacy regulatory update
  • Federal and provincial privacy regulatory authority findings and order
  • Key privacy regulatory authority guidelines and other releases
• Need to know recent privacy case law

A Worldwide Update on Noteworthy Legal Privacy Developments that May Affect Canada

David Fraser
Partner, McInnes Cooper

• Is general privacy law on the horizon in the United States?
• Changes in government-to-government information sharing in data havens
• Development in European regulation, including cross border transfers and data retention
• Progress to harmonization among the APEC states
• Global developments of significance to the privacy and compliance professional

Privacy Accountability: Shifting Expectations in Canada that You May Need to Meet Soon

Terry McQuay
President & Founder, Nymity

Can an organization demonstrate compliance? Not easily. Can an organization demonstrate an effective privacy program? Yes. Demonstrating accountability is increasingly becoming the new focus for the next generation of privacy laws from around the world and potentially the new privacy compliance frontier in Canada. In this session learn about the accountability shift around the world, the influence it has on Canada and how it could impact your organization.

Practical Guidance on Drafting Secure Contracts when Outsourcing to Third Parties: Whose Terms Should Prevail?

Della Shea
Chief Privacy & Information Risk Officer, Symcor

Pamela Snively
Managing Director, AccessPrivacy, Heenan Blaikie Global

Steve Cimicata
General Counsel, Trapeze Group

Gain real world practical guidance for drafting the terms of a third party contract by watching the interaction between a Chief Compliance Officer, In House Counsel and an Expert Consultant while they attempt to negotiate the terms of an outsourcing agreement. Among other critical points, the interaction will highlight:

• How to deal with competing perspectives when engaging with a third party provider, including cloud vendors
• The process for coming up with the appropriate terms by deciding what to give up versus what you might gain
• The tradeoffs that could be deal breakers: When you should walk away if the outsourcing party can’t provide what you need

Social Media and Privacy Law in Practice: Meshing Compliance Obligations with Business Reality

John P. Salloum
Lawyer – Privacy and Information Management and Marketing
& Advertising, Heenan Blaikie LLP

Sue-Anne Fox
Legal Counsel, Purolator Inc.

Marketers are increasingly turning to social media such as Facebook, Twitter, LinkedIn, and Four Square as part of their strategic marketing initiatives. These projects typically develop at lightning speed, and often require legal counsel and compliance professionals to identify and assess legal risks across a broad range of areas, including privacy. This session explores real-world examples - from the unique perspectives of both external and in-house counsel - of how these projects are implemented, the privacy risks and considerations associated with these campaigns, and practical strategies to mitigate the risks in this context.

Co-Chairs Closing Remarks