Privacy Laws & Business
International Privacy Officers Network
Canada's Unique Privacy Challenges:
Employment, Outsourcing, Acquisitions, Federal-Provincial Jurisdiction Tuesday, October 17th, 2006, Toronto, Ontario, Canada
Host: Torys LLP
Suite 3000, 79 Wellington Street West, TD Centre, Toronto
Programme
9.00 Registration and Coffee
9.15 Welcome
Nadine Côté and Kate Wilson, Associates, Torys LLP, Toronto (www.torys.com)
9.20 Introduction to Privacy Laws & Business and the
International Privacy Officers Network,
Chair: Stewart Dresner, Chief Executive, Privacy Laws & Business, London
9.25 All participants to introduce themselves and indicate their specific interests and the issues they would like to discuss.
All participants
9.45 Private sector privacy in Canada: Rules of the road
The federal and provincial legislative schemes for privacy, the impact of the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada's federal private sector privacy law,on US businesses, international data flows, the ombuds role of the federal Privacy Commissioner, cooperation with provincial and foreign counterparts, and issues for the legislative review of PIPEDA in 2006.
Heather Black, Assistant Privacy Commissioner of Canada, Ottawa (http://www.privcom.gc.ca/)
10.30 Discussion
10.50 Coffee
11.05 Drug testing in the employment context
The history and recent developments in employee drug testing in Canada. Because of Canada's geographic proximity and close economic ties with the United States, it is often assumed that Canada's employment policies, including those on employee drug testing, are similar to those of the United States. However, much greater restrictions are placed on employee drug testing, because of both human rights and privacy concerns.
Eugene Oscapella, Privacy Laws & Business, Ottawa, Canada (www.privacylaws.com)
11.50 Discussion
12.10pm. Federal-Provincial jurisdiction, outsourcing and private sector enforcement
A high level overview of the Alberta Personal Information Protection Act. Mr. Work will demarcate the complicated federal/provincial jurisdictions. He will then talk about the “harmonization” arrangements Alberta has with the federal Privacy Commissioner of Canada and the Information and Privacy Commissioner of British Columbia. He will cover his office’s report on outsourcing. Finally, he will present summaries of four investigation reports he has issued respecting private sector privacy. Two pertain to identity theft and the drug trade, and two pertain to workplace privacy.
Frank Work, Q.C., Information and Privacy Commissioner for the Province of Alberta, Edmonton, Alberta (www.oipc.ab.ca)
12.55pm. Lunch
1.55pm. Discussion on Frank Work’s session
2.15pm. How workplace surveillance and privacy conflicts are adjudicated by the Labour Relations Board and independent arbitrators in Ontario
A review of recent caselaw addressingworkplace surveillance and privacy issuesas dealt with by the Ontario Labour Relations Board andindependent arbitrators. The Ontario Labour Relations Board is an independent, quasi-judicial tribunal mandated to mediate and adjudicate a variety of employment and labour relations-related matters under a number of Ontario statutes. (http://www.olrb.gov.on.ca/english/homepage.htm)
Leonard Marvy, Board Solicitor, Ontario Labour Relations Board, Toronto, Ontario
3pm. Discussion on workplace surveillance
3.20pm. Privacy of employee information in the context of mergers and acquisitions
The impact of federal and provincial privacy laws on use of employee information before, during and after a merger and/or acquisition.
Nadine Côté and Kate Wilson, Associates, Torys LLP, Toronto
4.05pm. Discussion
4.25pm. Make recommendations to the federal legislature’s review of the private sector law
The legislative review of the federal privacy law, taking place in 2006. A discussion of representations which IPON could submit individually or collectively to the parliamentary committee that will undertake the review. These recommendations will be on a cross-sectoral basis, and will enable you to provide your views to the legislative process on an anonymous basis, if you wish.
5.15pm. Next steps for the International Privacy Officers Network
5.30pm. Close
Stewart Dresner, Chief Executive,
Privacy Laws & Business
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