Torys’ Privacy Practice Group includes a team of lawyers with extensive experience in a wide range of areas, including the following:
- the scope and application of federal and provincial privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA) as it pertains to all sectors and to applicable common law privacy regimes
- access to information/freedom of information regimes at the federal, provincial and municipal levels, including advising businesses in responding to access requests related to their business information in the hands of government
- a broad range of other issues concerning e-commerce and online privacy, health privacy, confidential information and trade secrets
Our group is experienced in conducting in-depth privacy audits for clients, and regularly advises on privacy issues arising in connection with business transactions, including the following:
- meeting the requirements of privacy legislation, both on an ongoing basis and in connection with specific transactions, including M&A, reorganizations, outsourcing (including handling of personal information by service providers located outside of Canada) and other technology transactions
- auditing of existing corporate practices
- developing privacy policies and compliance plans
- responding to the enforcement of applicable laws
- handling of privacy-related complaints and litigation
- addressing requests for access to information
- handling breach management strategies
We also represent clients in proceedings before the federal and provincial Privacy Commissioners, including in the context of investigations and audits, and any related litigation.
Health Privacy
Our group has experience with privacy statutes regulating the handling of personal health information, including the Ontario Personal Health Information Protection Act. We have experience drafting patient consents and related clinical trial documentation, transfers of personal health information in the context of M&A and other corporate reorganizations, and in outsourcing arrangements. We also advise clients on breach management strategies involving personal health information.
Marketing and E-Commerce
Our group is very active in dealing with the privacy issues posed by the Internet. We advise clients on privacy and other regulatory requirements of marketing and e-commerce matters, including telemarketing, promotional contests, and online privacy practices and policies, including in relation to social media sites.