November



CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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November 24, 2015
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Amendments To FIPPA|MFIPPA To Come Into Force January 1, 2016

Schedule 6 of the Public Sector and MPP Accountability and Transparency Act, 2014, which amends the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act, has been proclaimed into force effective January 1, 2016.

The amendments will: require institutions to ensure that reasonable measures are put into place for the preservation of records within the custody and control of the institution, in accordance with any recordkeeping or records retention requirements applicable to the institution, create a new offence in cases where a person alters, conceals or destroys, or causes any other person to do so, a record with the purpose of denying a right to access the record or the information in it, and in a prosecution for an offence under the statute, permit a court to take precautions to avoid the disclosure by the court or any person of certain specified information.

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CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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November 24, 2015
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Digital Privacy Act Is Now Law

"The Digital Privacy Act (Bill S-4) passed into law, introducing (among other things) significant fines and mandatory breach notification (not yet in force) into the Personal Information Protection and Electronic Documents Act (PIPEDA). Organizations which handle personal information in the course of their commercial activities will want to undertake a review of their privacy policies and security safeguards. In light of the new power to levy significant monetary penalties, boards of directors may want to review their organization 's allocation of risk around these issues. There are four areas that will be of significant concern to organizations: consent, mandatory breach notification, penalties and confidentiality. The Digital Privacy Act modernizes the ""business contact"" carve-out from the definition of personal information."

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CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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November 24, 2015
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Alcoholic Employee Reinstated After Employer's Compassionate Approach Put In Question Seriousness Of Previous Warnings

"In the case, an adjudicator reinstated an alcoholic employee who was dismissed after he was found to be under the influence of alcohol at work. The employee had previously been disciplined for alcohol consumption, lateness|absenteeism and abandoning his shift, and on one occasion had entered into a ""last chance agreement"". The adjudicator held that the employee, as an alcoholic, suffered from a ""disability"" for the purposes of human rights legislation. The adjudicator expressed concern that the employer 's compassionate approach created the general impression in the mind of the employee that the threat of dismissal was not serious. Further, there was no aggressive behaviour from the employee in the incident that led to his dismissal. As such, the adjudicator held that the dismissal was excessive and that the employer had not yet approached the point of ""undue hardship"" in accommodating the employee's alcoholism."

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