Technology Laws – Legal Drift Canada

Who Can Access My Facebook After My Death?

Meghna 0 Comments canada privacy rights of dead, digital death canada, facebook after death, facebook death policy, fiduciary access death, post mortem privacy rights canada, privacy rights canada, rights of estate administrators post death, social media death

We are living two lives, one in tangible form and the other in digital persona. According to statistics, 66.8 percent of the population in Canada accessed social media in the year 2019. It is expected that by 2025 the percentage would increase to 81.5 percent. Most Canadians have social media accounts on Facebook, Instagram, and others. But who owns our digital accounts post our death? Does post-mortem privacy prevent the right to access these digital assets?

Post-mortem Privacy

There have been several instances where the parents of a pre-deceased child wish to use or see the content of the deceased’s social media account. Does accessing this information violate the post-mortem privacy rights?

In Canada, for private sectors, personal information cannot be disclosed without one’s knowledge or consent under the Personal Information Protection and Electronic Documents Act (PIPEDA). The Act is applicable when a Canadian’s personal information is collected …

Privacy Laws Technology Laws

Is Clubhouse a new threat to your Privacy?

Meghna 0 Comments canadian privacy law, clubhouse potential threats, clubhouse privacy concerns, data scrapping, opinion privacy clubhouse, privacy and canada, privacy laws in canada, social media platform canada privacy laws, social network privacy, social networking privacy standards

The Clubhouse is being viewed as the new market disrupter in the social media world. From celebrities to marketing companies, everyone wants to be a part of this invite-only audio sharing platform. The rules of the game are simple, you enter a room, share your views through audio, engage in a conversation, or just quietly listen to one. The drop-in audio app is a wonderful way to hear, listen and speak! But can Clubhouse protect your data and privacy?

Clubhouse Privacy Policy –

As of May 9, 2021, the Clubhouse released a privacy policy for its users. The key highlights of the policy are-

Personal information is used by the app to facilitate communication and to comply with applicable laws, however, they do not sell the Personal Information of the users.
The app may record conversations and use them to investigate possible violations of their Community Guidelines or Terms of

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Can PIPEDA protect you against discarded sensitive data?

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One man’s garbage is another’s treasure! This phrase appropriately fits in today’s era, where criminals dig into the trash to seek and retrieve bank and credit card statements, expired credit cards, account statements, cancelled cheques, or any other form of financial documents. The search carried out in discarded material is called “dumpster diving”. Traditional dumpster diving has now evolved to carry out identity thefts and related frauds.

With businesses having voluminous data of their customers, mishandling of even one document can lead to catastrophic consequences. Are companies taking proper measures to tackle the disposal of personal sensitive information? Are PIPEDA provisions protecting individuals against dumpster diving?

Dumpster Diving – is it legal in Canada?

In Canada, dumpster diving is not illegal per se. The garbage in the public domain can be searched by any person. The Supreme Court of Canada in R v Patrick, 2009 SCC 17 that individuals …

Privacy Laws Technology Laws

Right to be forgotten – helps you become invisible in Canada

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Can you ask a website or a blog to remove your information? In this digital age, can you choose to ghost your online presence? Does Canada recognize people’s right to be forgotten?

In 2015, a Swiss-based medical company used the photo of a child without her mother’s consent to propagate pre-natal tests for down syndrome. It was a shocking incident as the personal information of the child who was a Canadian citizen went viral on social media. What remedies did the family have under Canadian law to remove the content about their child?

What is the Right to be forgotten?

The right to be forgotten is a civil right by which an individual can request all his/her personal information be removed from the internet. It is also referred to as the right of erasure. However, some believe that there is a slight difference between the two. The right to erasure …

Health Technology Laws

Can Your Insulin Be Hacked? Canada’s Guidelines on Cyber Security of Medical Devices

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What would happen if your bank account was hacked? Well, it is obvious you may suffer significant monetary loss in such a scenario. Now think again, what if your insulin pump is digitally compromised? In such a case, your life may be at risk. With the advent of technology, the hacking of medical devices has become fairly easy. Consequently, cyber attacks on medical devices is no longer a plot for suspense thrillers, it has become a matter of serious concern for the government, patients, and manufacturers.

Why a Legislation on Cybersecurity of Medical Devices is required?

The Bayer Medrad is known to be the first medical device to be hacked in the US. It is believed that in the year 2017, North Korea hacked and infected medical devices and computers at US hospitals. A piece of radiology equipment which was used to enhance imagery was compromised. This ransomware attack resulted …

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Artificial Intelligence in Canada – Laws, Challenges and Solutions

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Half a century ago, people would have rubbished the idea of having an “Alexa” at home. But the last few years have made it possible.

Machines are becoming more and more human each day. They are excellent listeners and efficient performers. Once a dream, artificial intelligence has become an indisputable reality in today’s world.

Simply put, Artificial Intelligence can be said to be a technology which is capable of performing tasks which would generally be performed by a mentally and/or physically capable living being such as making sense of spoken language, altering behaviour or solving problems.

The emergence of AI has transformed the way we look at technology. Nonetheless, AI comes with its own share of liabilities and threats. Is Canada equipped to tackle these challenges that lie ahead of us?

Possible Threats/Challenges and Artificial Intelligence –

1. Machine Conditioning – Machines work on the data fed in their systems. …