MT>3
  • Home
  • About
  • People
  • Services
    • e-Discovery
    • Managed Review
    • Information Governance
    • Due Diligence
  • Blog
  • News
  • Contact

BYOD Woes

30/7/2014

 
Considering implementing BYOD? Have people under 30 working for you? Then you better be aware of the findings in a recent survey from TrackVia (http://recode.net/2014/07/20/got-a-byod-problem-blame-the-millennials-you-just-hired/). This company, which designs custom apps for corporate clients, says that millennials (adults aged 18 to 33, per the Pew Research Foundation) are the most likely to push for BYOD technology in the office.

However, BYOD by itself is not really the issue. In fact, a recent 
Gartner survey, suggested that more than half of companies will soon require their employees to bring their own phone or computer to work . The issue is that BYOD tends to be a privacy and security challenge for IT and corporate security departments when employees use Web and phone apps with company data.  This may well violate corporate policies.

The survey noted that “70 percent of millennials admit to breaking corporate rules around using outside apps”, whereas 69 percent of older workers said they don’t break the rules. What’s particularly interesting about millennials’ disdain for IT policies is that many of the newer cloud software services actually rely on them to break company rules.

​BYOD has many benefits for both employees and employers. However, implementing BYOD has potential security and privacy risks that must be addressed by an organization.

The Latest on Waiver of Privilege

23/7/2014

 
​Waiver of privilege raises a red flag in the discovery process.  In Nova Chemicals (Canada) Ltd. v. Ceda-Reactor Ltd., 2014 ONSC 3995, the Court confirmed why waiver of privilege does not need to be intentional – it may be implied based on the circumstances.  The Court described the application of the test for waiver of privilege as follows:

An express waiver of privilege will occur where the holder of the privilege (1) knows of the existence of the privilege and (2) voluntarily evinces an intention to waive it … Despite these requirements, an implied waiver of … privilege may occur where fairness requires it and where some form of voluntary conduct by the privilege holder supports a finding of an implied or objective intention to waive it. 

The Court in Nova Chemical ultimately concluded that the defendant was not justified in asserting a privilege claim over documents its senior employee had disclosed to the plaintiffs years before the litigation commenced.  Privilege was waived by that disclosure.

The Court said that it would be unfair to “deprive [the plaintiffs] of the ability to make continued use of evidence which came into their possession, without any fault or improper conduct whatsoever on their part, long before the plaintiffs’ ultimate decision to proceed with commencement of formal and expensive high stakes litigation”. The Court also determined that the effect of waiver could not easily be eradicated because the documents in question had been reviewed, digested and studied at length by the plaintiffs and their counsel.

​
Attention to the Court’s analysis of “fairness” in this case is instructive to counsel when determining whether incurring the cost to assert or oppose waiver of privilege makes sense in the circumstances of a case.

Informational Privacy vs. Law Enforcement and National Security: Is Canada Failing to Strike a Balance?

18/7/2014

 
The potential curtailment of informational privacy under the new information sharing provisions in Bill C-24, an Act to amend the Citizenship Act (the Strengthening Canadian Citizenship Act) has received little attention amidst heated debates over other provisions of the Act such as the Minister’s new power to unilaterally revoke Canadian citizenship in extreme cases.  New sections 27(1)(k.2) to 27(1)(k.4) of the Act, however, provide for the disclosure of citizenship and immigration information to other governments for “purposes of national security or the conduct of international affairs”.  The details are sparse, but Bill C-24 could empower Canada to share citizenship and immigration information details with foreign governments whether verified or not, and without oversight.

There are at least two faces to the issue of information-sharing between governments.  The first depicts the conventional view that such information-sharing will enhance national and global security.  The second depicts the darker side, in which individuals’ privacy rights are infringed with potentially devastating consequences.

​Canadians have traditionally benefited from a reasonable standard of protection of their personal information – Canada being among the first jurisdictions to promulgate fairly stringent privacy legislation.  The information-sharing provisions of Bill C-24, however, continue a trend in Canada to tip the balance in favour of law enforcement and public security over informational privacy.

<<Previous

    Categories

    All
    Artificial Intelligence
    Blockchain
    Cyber Security
    E Discovery
    Information Governance
    Legaltech
    Privacy
    Social Media
    Technology


    Archives

    February 2021
    November 2020
    October 2020
    July 2020
    June 2020
    April 2020
    March 2020
    February 2020
    January 2020
    November 2019
    October 2019
    September 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    May 2018
    April 2018
    March 2018
    September 2017
    August 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    June 2011
    April 2011
    March 2011
    February 2011
    January 2011
    December 2010
    November 2010
    October 2010
    September 2010
    August 2010
    July 2010
    June 2010
    May 2010
    March 2010
    February 2010
    January 2010
    October 2009
    September 2009
    August 2009
    December 2008
    March 2008
    November 2007
    October 2007

130 Adelaide Street West Suite 2020
Toronto, Ontario M5H 3P5
​ ​
t: 416-642-2220  
tf: 1-877-642-2220  
f: 416-868-0673
Contact MT>3
@MT>3 2018. All Rights Reserved
Picture

Privacy Policy and Terms of Use

  • Home
  • About
  • People
  • Services
    • e-Discovery
    • Managed Review
    • Information Governance
    • Due Diligence
  • Blog
  • News
  • Contact