CBA Privacy and Access Law Symposium - Agenda 

Nov. 9-10, 2023
Ottawa ON

CBA Access to Information and Privacy Law Symposium

CBA Privacy and Access Law Symposium
Agenda
Presented by the CBA Access to Information and Privacy Law Section

November 9-10, 2023
The Westin Ottawa | 11 Colonel By Drive


Privacy and Access Laws: A Marked Shift on the Horizon

Join us in Ottawa on November 9 and 10 at the Westin Ottawa as experts in the field guide us through the latest changes, trends and challenges in privacy and access law. Come to learn from and network with some of Canada’s top lawyers for cutting-edge discussions on privacy and access to information law

We have prepared an outstanding agenda, featuring highly sought-after sessions such as the Canadian Update, which has been divided into two segments to provide ample time to address both federal and provincial updates. Additionally, the Regulator's Panel and International Update sessions promise to be equally compelling.


Agenda Subject to Change

TIME EVENT
8:00 am – 8:45 am

REGISTRATION AND CONTINENTAL BREAKFAST
The Westin Hotel, 4th Floor, Governor General Foyer

8:45 am – 8:55 am

WELCOME AND INTRODUCTION
The Westin Hotel, Governor General 2 & 3

Co-Chairs:
Alexis Kerr, Norton Rose Fulbright (Vancouver, BC)
Suzanne Morin, Sun Life (Montréal, QC)

8:55 am – 10:10 am

INTERNATIONAL UPDATE
The Westin Hotel, Governor General 2 & 3
(Simultaneous Translation)

This session will be offered with simultaneous interpretation.
Our annual international update is a must-attend event. Our panelists provide critical guidance to Canadian organizations operating internationally. Canada’s Bill C-27 drew inspiration from developments in Europe, and Canada’s proximity to the United States means that privacy compliance programs must often interoperate with our biggest trading partner. Be sure to catch this session to stay up-to-date on international developments.

Speakers:
Gary Kibel, Davis & Gilbert LLP (New York, NY)
Christoph Ritzer, Norton Rose Fulbright LLP (Frankfurt, EU)

Moderator: Timothy M. Banks, nNovation LLP (Ottawa, ON)

10:10 am – 10:30 am

REFRESHMENT and NETWORKING BREAK
The Westin Hotel, 4th Floor, Governor General Foyer

10:30 am – 11:20 am

PROVINCIAL UPDATE – Privacy and Access
The Westin Hotel, Governor General 2 & 3
(Simultaneous Translation)

This session will be offered with simultaneous interpretation.
This is your chance to hear about the major privacy and access to information developments from the last 12 months at the provincial level. Whether you specialize in privacy and access issues or you’re new to the field, our expert panelists will provide insights on recent decisions from the courts and the information and privacy commissioners to help you understand important trends.

Speakers:
Sean Murray, Office of the Information and Privacy Commissioner for Newfoundland and Labrador (St. John’s, NL)
Lorne Randa, Brownlee LLP, (Edmonton, AB)

Moderator: Vipal Jain, WeirFoulds LLP (Toronto, ON)

11:20 am – 11:25 am

5 MIN - to change panels

11:25 am – 12:15 pm

FEDERAL UPDATE – Privacy and Access
The Westin Hotel, Governor General 2 & 3
(Simultaneous Translation)

This session will be offered with simultaneous interpretation.
Catch up on the latest case law involving class actions in privacy and access law. Hear the latest news about guidance and activities from the Office of the Privacy Commissioner of Canada, including PIPEDA related caselaw involving the OPC.

Speakers:
Alex Cameron, Fasken (Vancouver, BC)
Michael Maguire, Director, PIPEDA Compliance Directorate, Office of the Privacy Commissioner of Canada (Gatineau, QC)

Moderator: David Davis, Davis Cyber Law (Winnipeg, MB)

12:15 pm – 1:30 pm

LUNCH WITH ESSAY CONTEST WINNER / KEYNOTE SPEAKER
The Westin Hotel, Governor General 2 & 3

12:40 - Essay Contest Winner – Keita Szemok-Uto (Halifax, NS), for the paper “We Are Not Ready for Deepfakes”
12:45 – Keynote - Jessica Gan Lee, Head of Privacy Legal, OpenAI (San Francisco, CA)
Hear from the company that brought us ChatGPT

1:30 pm – 2:30 pm

CONCURRENT SESSIONS #1

SESSION 1.1: Privacy - Bill C-27 deep dive
The Westin Hotel, Governor General 2 & 3

C-27's Consumer Privacy Protection Act (CPPA) will be a generational shift in privacy for Canada if it passes Parliament. But will it be the change we need? Join our panel as we discuss core concepts in the legislation:

  • Notice and Consent - is this still the right foundation for privacy in the context of technological complexity beyond common understanding?
  • Tribunal oversight: unnecessary delay or essential to fairness?
  • The Commissioner's proposed amendments: which are welcome, challenging or problematic?
  • What does "fundamental right" really mean for privacy for the private sector?
  • The private right of action: empowering individuals or a solution looking for a problem?
  • What will be the impact of the prohibition of collecting personal information without consent "for the purpose of influencing the individual’s behaviour or decisions"?
  • Will the CPPA = continued EU adequacy?
Speakers:
Lyndsay Wasser, McMillan LLP, (Toronto, ON)
David Elder, Stikeman Elliott (Ottawa ON)
John Lawford, Public Interest Advocacy Center (Ottawa ON)
Moderator: Chantal Bernier, Global Privacy and Cybersecurity Group, Dentons (Ottawa, ON)

 

SESSION 1.2: Deep dive on FOI and ATI reform
The Westin Hotel, Governor General 1

Access to information has been evolving since its inception and it may be time for such legislation to be reviewed and updated to come with the times. It is a reality that public bodies have had an increase in both the volume of records they hold and in the number of requests they receive year after year. These factors have resulted in challenges for both public bodies and for regulators in addressing access to information requests and reviews. This panel with explore what the key challenges in access to information are today and what reforms are necessary for public bodies and regulators to adequately address these challenges. This will include a discussion on delays in public body responses, handling of broadly worded requests, fees and charges for processing requests, and frivolous and vexation requests and requestors.
Speakers:
Allison Knight, Office of the Information Commissioner of Canada (Ottawa, ON)
Jason Woywada, Executive Director, Freedom of Information and Privacy Association, (Vancouver, BC)
Moderator: Lorne Randa, Brownlee LLP (Edmonton, AB)

2:30 pm – 2:35 pm

5 MIN - to get to next Concurrent session/change panels

2:35 pm – 3:40 pm

CONCURRENT SESSIONS #2

SESSION 2.1: Blazing the Privacy Trail: Québec’s Law 25 Anniversary Review
The Westin Hotel, Governor General 2 & 3
Legislators have adopted it, organizations are working hard to comply, and everyone wants to respect and benefit from the new framework, but legitimate questions remain on all sides – organizations, individuals, regulators and policymakers alike. Now that most of the provisions of Law 25 are now in force, certain observations can be made surrounding its implementation and about some lingering uncertainties. This panel will be an opportunity to share observations and engage in a discussion on key topics introduced by the Quebec legislator over the last 2 years with a focus on areas of uncertainty.
Speakers:
Antoine Guilmain, Gowling WLG (Montréal, QC)
Naomi Ayotte, Commission d’accès à l’information (Québec, QC)
Moderator: Tom Hesler, IQVIA Canada (Montréal, QC)

 

SESSION 2.2: Privacy and Biometrics – technology, requirements
The Westin Hotel, Governor General 1
From facial recognition to whole genome sequencing, biometrics are being exploited in new ways by organizations in both public and private sector contexts. As many biometric characteristics are highly distinctive and unique to the individual, they can be used in important ways provided, of course, that privacy remains a key element of any such use. Join us for this compelling panel as we discuss current uses of biometric information and explore the benefits and challenges of leveraging this highly distinctive and sensitive information.
Speakers:
Christelle Tessono, Princeton University, Center for Information Technology Policy (New Jersey, NY)
Julie Gauthier, BLG (Montréal, QC)
Adrian Thorogood, Terry Fox Research Institute (Montréal, QC)
Moderator: Danielle Miller Olofsson, Stikeman Elliott LLP (Montréal, QC)

3:40 pm – 4:00 pm

REFRESHMENT and NETWORKING BREAK
The Westin Hotel, 4th Floor, Governor General Foyer

4:00 pm – 5:00 pm

CONCURRENT SESSIONS #3

SESSION 3.1: Access delays and impact on democracy & journalism
The Westin Hotel, Governor General 2 & 3
It’s been said that open and transparent government is at the heart of every strong democracy. The public’s right of access to information about the workings of its federal, provincial and municipal governments and related entities is an essential part of ensuring the effectiveness and accountability of those institutions. Journalists play a key role in bringing us important stories illuminated by access to government-held information. What happens when a country’s institutions are unable to provide timely access to requested records? What are the challenges for democracy in Canada of an anemic right of access? Join us for a lively discussion by two veterans in the field with extensive knowledge of the state of FOI in Canada today.
Speakers:
Tom Cardoso, Globe and Mail (Toronto, ON)
Iris Fischer, Blake, Cassells & Graydon LLP (Toronto, ON)
Moderator: Sean Holman, University of Victoria, (Victoria, BC)

 

SESSION 3.2: Privacy Management Programs – requirements / standards
The Westin Hotel, Governor General 1
With increasingly more prescriptive and mandatory requirements, and pervasive regulatory expectations on privacy management programs, should we change our approach? This panel will explore the operational implications of the new legal landscape, including those imposed by various industry standards. This will be an opportunity for organizations to re-examine their programs, consider how to better enable monitoring and enforcement activities and demonstrate their overall effectiveness.
Speakers:
Colette Stewart, Interac (Toronto, ON)
Cathy Yaskow, Vancouver Island Health Authority (Victoria, BC)
Moderator: Kim Beatty, OMERS (Toronto, ON)

5:00 pm – 7:00 pm

NETWORKING RECEPTION
The Westin Hotel, 4th Floor, Governor General Foyer

 

TIME EVENT
8:30 am – 1:00 pm

REGISTRATION
The Westin Hotel, 4th Floor, Governor General Foyer

8:30 am – 9:00 am

CONTINENTAL BREAKFAST
The Westin Hotel, 4th Floor, Governor General Foyer

9:10 am – 10:10 am

CONCURRENT SESSIONS #4

SESSION 4.1: AIDA: is agile regulation of AI possible?
The Westin Hotel, Governor General 2 & 3
AI is the latest challenge to Canada's Victorian era parliamentary processes which struggle with the policy demands of 21st century technology. Regulation must address risks and harms, provide certainty and promote innovation. Commentators and the government itself have argued that “agile regulation” is the key to achieving these objectives in a rapidly evolving techno/policy environment. Join us as our expert panel examines:

  • How successful is AIDA as an example of agile regulation?
  • If AIDA passes, how should the regulation making process roll out? What priorities should draft regulations tackle first?
  • What can we learn from the US, UK and EU efforts in AI regulation?
  • What role do self-regulation and standards play in filling the "agility" gap"?


Speakers:
Teresa Scassa, University of Ottawa (Ottawa, ON)
Barry Sookman, McCarthy Tétrault (Toronto, ON)
Ashley Casovan, Responsible AI Institute (Toronto, ON)
Moderator: Susie Lindsay, Law Commission of Ontario (Toronto, ON)

 

SESSION 4.2: De-identification / Anonymization of PI – obligations, technologies
The Westin Hotel, Governor General 1
This session will examine the evolving law addressing categories of information that, by definition, are either subject to lessened privacy protections or are entirely outside of the privacy law and therefore not subject to its rules. The topic will include discussion of both the legal rules set forth in Quebec’s amended private sector privacy statute, Law 25, and the rules proposed to be included in Ottawa’s Bill C-27, focussing on compliance strategies and methodologies. The session also will address judicial and regulator guidance including the recent OPC investigation report regarding PHAC’s collection and use of mobile location data during the pandemic.
Speakers:
Khaled El Emam, University of Ottawa (Ottawa, ON)
Pamela Snively, TELUS (Toronto, ON)
Gabe Menard, Office of the Privacy Commissioner of Canada (Gatineau, QC)
Moderator: Dominique Payette, RBC (Montréal, QC)

10:10 am - 10:30 am

REFRESHMENT and NETWORKING BREAK
The Westin Hotel, 4th Floor, Governor General Foyer

10:30 am – 12:00 pm

THE REGULATORS’ PERSPECTIVE
The Westin Hotel, Governor General 2 & 3
(Simultaneous Translation)

This session will be offered with simultaneous interpretation.
A hallmark of each symposium, this panel will be a moderated discussion with regulators from across the nation, touching on key privacy and access issues.

Speakers:
Caroline Maynard, Information Commissioner of Canada (Ottawa, ON)
Diane Poitras, Présidente de la Commission d’accès à l’information (Québec, QC)
Patricia Kosseim, Information and Privacy Commissioner of Ontario (Toronto, ON)
Philippe Dufresne, Privacy Commissioner of Canada (Gatineau, QC)
Sean Murray, Office of the Information and Privacy Commissioner for Newfoundland and Labrador (St. John’s, NL)
Michael McEvoy, Information & Privacy Commissioner of BC (Victoria, BC)

Moderator: Caroline Deschenes, Langlois (Montreal, QC); Outgoing Chair of the CBA National Privacy and Access Law Section

12:00 pm – 12:15 pm

CLOSING PLENARY & WRAP-UP
The Westin Hotel, Governor General 2 & 3

The incoming Chair of the CBA National Privacy and Access Law Section will review the year that has passed and the year ahead.

Section Chair: Sinziana Gutiu, TELUS (Vancouver, BC)

The Conference Co-Chairs will close the Symposium with brief observations on key issues and themes that emerged.

Co-Chairs:
Alexis Kerr, Norton Rose Fulbright (Vancouver, BC)
Suzanne Morin, Sun Life (Montréal, QC)

12:15 pm – 1:30 pm

GRAB 'N' GO LUNCH

Delegates are welcome to grab their lunch to go for their travels back home, or if you wish, feel free to take this opportunity to further network with your colleagues over a bite.

 

 

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    DATE & TIME
    Nov. 9-10, 2023

    FORMAT
    In-Person

    VENUE
    Westin Ottawa
    11 Colonel By Drive
    Ottawa, ON

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