On November 27th, the IPC/Ontario held that a request for twelve years of electronic data on incidents involving houses used for illegal marijuana grow operations and/or clandestine labs was not a request for “records” because the required production process would “unreasonably interfere” with the operations of the Ministry of Community Safety and Correctional Services. As it has done successfully before, MCSCS argued that the security sensitive nature of its data precluded outsourcing. In this case, MCSCS also successfully argued that its data was not structured in a manner that allowed for production without a manual review for responsiveness; at an estimated 10 minutes per record for review, the request would have taken at least 2334 hours to answer.
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A legal blog about privacy and access to information, protection of confidential business information, libel and slander and the law of production. It is authored by five lawyers from Hicks Morley, a Toronto-based management-side human resources law and advocacy firm. Please read the Disclaimer below.
- Reasonable necessity not enough to justify collection under Ontario’s public sector statutes
- Ontario arbitration award addresses remedy for privacy violation
- Alberta OIPC lacks power to compel production to resolve solicitor-client privilege appeals
- Arbitrator dismisses privacy breach grievance based on actions of a snooping employee
- IPC Ontario says a disclosure on the internet is just another disclosure
- BC OIPC addresses network security and endpoint monitoring
- Better breach response – how to be good when things go bad
- The internet as a corporate security resource
- Arbitrator upholds sniffer dog search grievance
- IPC tweaks data security guidance from HO-013
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