Waterloo Region Lawyers Advising on Privacy Issues & Data Protection

Privacy law in Ontario is governed by a complex web of federal and provincial legislation, common law, and regulatory restrictions. It is crucial for organizations to understand their obligations and incorporate best practices into their internal policies and procedures, as privacy violations and data breaches cause significant reputational damage and erode stakeholder trust. Further, improper disclosure of personal information can place affected individuals at risk of substantial harm and creates financial risk.

Duncan, Linton LLP provides private and public sector bodies with both proactive and reactive privacy law and data protection solutions. Our knowledgeable team, led by Brandon J. Carter, a Certified Information Privacy Professional of Canada (CIPP/C), proactively reviews agreements and drafts internal policies that ensure compliance with all applicable privacy laws. We also take swift, decisive action during and after a breach to help our clients mitigate liability and restore public confidence.

The privacy group at Duncan, Linton LLP has a wealth of knowledge and experience navigating all primary privacy legislation and oversight bodies, including:

• The Freedom of Information and Protection of Privacy Act (FIPPA) of Ontario;
• The Privacy Act of Canada;
• The Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada;
• The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) of Ontario;
• Canada’s Anti-Spam Legislation; and
• The Information and Privacy Commissioner of Ontario (IPC).

Proactive Assessment of Existing Privacy Compliance Infrastructure

To correctly identify and assess potential vulnerabilities and legal obligations, organizations must have a complete understanding of the personal information they possess, where and how it is stored, and what that information is used for. To help private and public bodies understand the scope of their risk, Duncan, Linton LLP provides comprehensive advice through proactive risk and vulnerability assessments of clients’ privacy compliance infrastructure. Our team also reviews all commercial agreements to ensure private information and data are secure, even when transferred or stored outside Ontario. Clients also benefit from our input on existing and new employee agreements and employment policies to protect employee privacy.

By taking a forward-thinking approach to privacy and data security, Duncan, Linton LLP helps clients reduce their risk of privacy complaints and investigations by regulatory bodies. If complaints arise, our firm’s proactive measures help mitigate damage and provide an effective, fulsome response to any inquiries. Our privacy group creates thorough, robust data protection policies that ensure clients are fully prepared to respond to any threat.

Day-to-Day Privacy Services: Access to Information & Anti-Spam Compliance

In addition to more extensive, proactive privacy compliance services, Duncan, Linton LLP advises organizations on responding to access to information requests. By involving our privacy team from the outset, clients ensure their responses to such requests meet all legal and regulatory requirements without inadvertently disclosing confidential or unnecessary information. We also train privacy officers and other staff on handling access to information requests in compliance with all applicable legislation.

Duncan, Linton LLP also provides comprehensive legal solutions regarding Canada’s Anti-Spam Legislation (CASL). We review clients’ policies on electronic and telephone messaging and advise on organizations’ marketing (including telemarketing) strategies to ensure they do not run afoul of federal anti-spam laws. Our team can also train staff and privacy officers on the changing anti-spam landscape in Ontario to ensure they understand their role in complying with CASL.

Effective & Decisive Action After a Breach

Navigating the myriad of legal obligations after a breach can be complicated. Duncan, Linton LLP supports clients through every stage of a breach, from the time it is discovered to the final resolution. Immediately after a breach has occurred, we identify and work with third parties (such as data security experts) to contain the breach as quickly as possible. Our team can conduct any internal investigations as required, during which we will take swift action to preserve evidence, recommend corrective action, and identify any parties responsible within or outside the organization.

Once the immediate threat to the organization has been addressed, the skilled privacy group at Duncan, Linton LLP assesses whether a breach falls within the mandatory reporting requirements of any private or public sector privacy legislation. Once we have identified all parties that must be notified, we develop notice strategies that meet all regulatory and legal obligations.

If privacy regulators or other investigative bodies become involved post-breach, our firm represents clients throughout the process, including advocating for clients before privacy tribunals or courts (both federally and provincially).

Duncan, Linton LLP: Providing Innovative Privacy & Data Protection Solutions in Waterloo Region

As technology continues to evolve, data breaches and other privacy issues create an increasingly serious risk to public and private bodies. Failing to properly handle personal information or comply with mandatory breach reporting requirements places organizations at risk of class action lawsuits, business interruptions, and significant financial loss.

The skilled privacy law group of Duncan, Linton LLP helps organizations navigate the complex landscape of federal and provincial privacy and data protection laws proactively and at any stage of a breach. Clients benefit from the extensive knowledge of a team led by Brandon J. Carter, an accredited Certified Information Privacy Professional of Canada (CIPP/C). We help public and private sector bodies grow through the use of technology while securing their rights and protecting their business interests.

Duncan, Linton LLP is the oldest independent law firm in Waterloo Region and has served Southern Ontario for over 160 years. We have developed lasting client relationships and a reputation for excellence by providing sound, effective, and responsive legal services since 1860. To schedule a consultation with a skilled privacy lawyer, call 519-886-3340 or reach out online.