Privacy and Compelled Disclosure: Warrants, Orders and/or Statutorily Required

Canadian privacy laws permit companies to disclose personal information without the data subject’s knowledge or consent when complying with a subpoena, warrant or court order, or where the requester has “lawful authority.” These types of demands are becoming more frequent, and companies need to look carefully at the implications of responding. Recent case law supports privacy commissioners’ narrower interpretation of the scope of these provisions, and a recent challenge to the nebulous lawful authority provision has been upheld. Emboldened by recent case law, companies with operations in both the U.S. and Canada are receiving more demands from law enforcement for information in the possession or control of their foreign affiliate as law enforcement seeks to bypass the Mutual Legal Assistance Treaty processes. Learn to identify the risks of disclosures, navigate complex demands and build a defensible strategy to avoid legal challenges and lawsuits related to such disclosures. 

What you will learn:

• Identify and evaluate the risks of different strategies and approaches to responding to disclosure demands.

• How to respond to disclosure demands in a legally defensible and proportionate manner.