Fasken, Martineau, DuMoulin LLP

Members of Fasken, Martineau, DuMoulin LLP Privacy and Information Protection Practice Group advise clients on all aspects of federal and provincial, public and private sector privacy law and freedom of information (FOI) legislation. They also have extensive knowledge and expertise in relevant international legislation and policies and how these may impact the business interests of their clients. They bring together expertise from across the country, and from New York and London, to help their clients maintain their business interests while adhering to evolving legislation.

Paper:  Privacy in Action:  The Impact of Private Sector Privacy Laws on Litigation in Canada

Jeffrey A. Kaufman

Practice

Jeffrey Kaufman is an experienced business litigator with extensive expertise at all levels of court in Ontario and elsewhere and in all types of dispute resolution processes. In his over twenty years of practice, Jeff has advised clients in numerous industries on risk management and liability issues in addition to acting as lead counsel and conducting negotiations on a variety of complex corporate litigation matters.

Jeff is a leader in the developing area of privacy law in Canada. He spearheaded the establishment of the Privacy Law Section of the Ontario Bar Association and has provided expert advice and commentary to governments and industry. He has been a frequent lecturer on privacy and business issues since before the enactment of the Personal Information Protection and Electronic Documents Act.

On January 23, 2001, the Executive of the Ontario Bar Association approved the establishment of the Privacy Law Section. Jeff was elected its first Vice-Chair and continues to be re-elected as Vice-Chair.

Jeff joined the firm as an associate in 1982 and became a partner in 1987. He is Co-Chair of the Toronto officeâ€Ts Privacy and Information Protection Practice Group.

Professional Activities/Associations

• Member, Canadian Bar Association
• Vice-Chair, Ontario Bar Association - Privacy Law Section
• Member, Metropolitan Toronto Lawyers Association
• Member, Advocates’ Society
• Member, International Bar Association
• Member, American Trial Lawyers Association
• President and CEO, D.A.R.E. (Drug Abuse Resistance Education) Canada
• Past Chairman (Ontario Region), State of Israel Bonds
• Past Governor, UJA Federation of Greater Toronto
• Selected Publications and Lectures on Privacy
• Co-chairing conference “Healthcare Privacy”, Insight Conference, September 2003.
• Co-chaired conference “The Absolute Very latest Up to the Minute News, Tips and Strategies in Privacy Law and Compliance”, Ontario Bar Association, Privacy Law Section, May 5, 2003.
• Co-presented on “Conducting an Internal Privacy Audit and Gap Analysis”, Federated Press Conference: Financial Services Privacy Summit, May 1, 2003.
• Co-authored “ ‘Use’ of Personal Information Within an Organization – Only What’s Necessary Please”, Personally Yours (OBA, Privacy Law Section Newsletter) Volume 3, no. 3, May 2003.
• Co-authored paper entitled "The Impact of Canadian Privacy Law on Civil Litigation", March 20, 2003.
• Co-presented on "When Push Comes to Shove: The Employee Upper Hand in Privacy", Insight Conference: Privacy Laws & Effective Workplace Investigations, January 30, 2003.
• Co-chaired conference "Healthcare Privacy", Insight Conference, September 2002.
  Presented on "Privacy Legal Compliance: Are You Ready?", Fasken Martineau’s Inaugural Strategic Counsel Seminar, November 27, 2002.
• Presented on "Privacy Compliance: What is to be Done and Why Bother?", OBA Privacy Compliance Workshop, November 20, 2002.
• Co-authored bulletin entitled "Made-in-Ontario II: The Draft Ontario Privacy of Personal Information Act", March, 2002.
• Presented on "Implications of Privacy Legislation for Litigation, Employment and Labour, Information Technology and the Sale of Businesses", 2002 Institute of Continuing Legal Education program, Ontario Bar Association, January 24, 2002.
• Co-authored paper entitled "Navigating the Privacy Minefield: Implications of the PIPEDA for Areas of Practice", presented at OBA Institute of Continuing Legal Education - Privacy Law Fundamentals, January 24, 2002.
• Presented on "Threshold Issues in Privacy - The Crucial Questions", Section Program, Ontario Bar Association, November 8, 2001.
• "When 'life out of the spotlight' is in the news", Personally Yours (OBA Privacy Law Section Newsletter) Vol. 2 No. 1, November, 2001.
• Presented on "The Best Kept Secrets: How the new Privacy Act will affect your business", The Toronto Board of Trade Privacy Series, October 31, 2001.
• "Substantially similar" means "at least as good", Ontario Bar Association Privacy Alert (to members), September, 2001.
• Presented on "Consent Issues" at Fasken Martineau Privacy Group Seminar, Vancouver, February 8, 2001.
• Presented an "Overview" at Fasken Martineau Privacy Group Seminar, Toronto, February 1, 2001.
• Presented on the "Impact of Privacy Rules on the Discovery Process", Section Program, Ontario Bar Association, January 18, 2001.
• Presented on an "Overview of Privacy Rules and Application of the Federal Law", Section Program, Ontario Bar Association, October 16, 2000.
• "Canadian Privacy Laws: A Trap for the Unwary", The Metropolitan Corporate Counsel magazine, October 2000 issue.
• Presented on "Privacy and Direct Response Fundraising", Direct Response Fundraising Conference, Canadian Marketing Association, March 2, 2000.
  Co-authored and presented paper on "Personal Information and Electronic Documents Act - "Bill C-6", Direct Response Fundraising Conference, Canadian Marketing Association, March 2, 2000.
• Co-author of paper entitled "Personal Information and Electronic Documents Act: New Considerations for Canadian Fundraisers", 2000.