Lyndsay A. Wasser 

Co-Chair, Privacy
Toronto  t: 416.865.7083  |  e: lyndsay.wasser@mcmillan.ca

Lyndsay A. Wasser

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7083
e: lyndsay.wasser@mcmillan.ca

overview

Lyndsay is a Certified Information Privacy Professional/Canada and the Co-Chair of McMillan's Privacy Group. She regularly advises and assists clients on a broad range of privacy issues, including advising on access requests, privacy breaches, workplace privacy issues (e.g., background checks, computer/video/phone monitoring, GPS tracking, drug and alcohol testing), handling personal health information, transferring personal information across borders, and CASL compliance, as well as helping organizations to develop privacy compliance programs, privacy and social media policies, data protection agreements and consent forms. Lyndsay regularly writes and speaks on privacy-related topics, and is the co-author of Privacy in the Workplace, 3rd ed. and the Privacy chapter in the Ultimate Corporate Counsel Guide.

Lyndsay also regularly provides advice and assistance to vendors and purchasers with respect to the privacy aspects of corporate transactions, including negotiating the privacy terms of purchase agreements.

Representative Matters

  • Harper v Ludlow Technical Products Canada Ltd, 2011 CanLII 73172 (ON LRB)
  • Critical Path Couriers Ltd., 2011 CIRB 604 (CanLII)
  • Employment and Labour counsel representing both seller and buyers in multiple corporate transactions

Presentations

FinTech Regulation and Privacy
Privacy in the Workplace
Workplace Privacy - Social Media Checks
Social Media Background Checks in Canada - Do the Risks Outweigh the Rewards?
Preventing and Responding to Privacy Breaches in the Workplace
Privacy 102: Identifying and Developing Role-Specific Privacy Education
Employee Privacy
Summary Judgment and Mini Trials in Employment Law Cases
Summary Judgement and Mini Trials in Employment Law Cases

Publications

OPC Maintains Status Quo on Transborder Data Flows...At Least for Now!
Privacy in the Workplace, 4rd Edition
Canada - Employee Privacy Guidance Note
Privacy Practice Note for LexisNexis Practice Advisor Canada
Safe Harbour Not Safe Enough: Data Transfers From E.U. To U.S. Out To Sea
Ashley Madison – A new era in privacy class actions for Canada?
Access Requests
Cloud Computing
Flag on the Play?
Recent Disclosure of NFL Player's Medical Information Sparks Allegations of Privacy Violations
More Changes to Cyber Security Laws on the Horizon?
McMillan Privacy Basics Bulletin Series
Data Protection Agreements
Ought We Fear the Time Of Year? Summer Dismissals May Warrant Longer Notice Periods
Breach Response Plans
Cybersecurity
Privacy Training
PIPEDA Changes Finally Pass
Privacy Programs
Privacy Policies
Bell Gets a Bad Rap for its RAP (Relevant Advertising Program)
Monitoring the Mayor – B.C. Mayor alleges that computer monitoring violated his privacy
Off-Colour/Off-Duty – Termination of Hydro One Employee Garners Media Attention
Three New Leaves for Ontario Workers to Take Effect October 29, 2014
Privacy Chapter
Managing Your Privacy Risk, An In-House Guide
Age Discrimination in Benefit Plans - Talos v Grand Erie District School Board
Are Contractual Termination Provisions Reliable?
Top Five Workplace Privacy Questions
Privacy in the Workplace, 3rd Edition
Proposed amendments to the ESA – new leaves for Ontario employees?
Juries punish employers: two recent cases highlight the risk of treating employees poorly1
Social media background checks in Canada – Do the risks outweigh the rewards?1
Overtime class actions – leave to appeal denied
Ontario Court of Appeal recognises new tort for invasion of privacy
Employees have a reasonable expectation of privacy in workplace computers, says Supreme Court
On the hook: employer liability for traffic accidents caused by cell phone usage
Harassment in the workplace: limitations on an employer's responsibilities
Racism – is speculation enough?
Seclusion intrusion: A common law tort for invasion of privacy
Background Checks – Uncovering Ominous Pasts
Background Checks - Uncovering Ominous Pasts
Employee privacy rights finally recognized?
Workplace Violence and Harassment: New Obligations Under the Occupational Health And Safety Act
More Restrictions on Restrictive Covenants: The SCC's Decision in Shafron v. KRG Insurance Brokers (Western)
Application of Privacy Laws to Employee Information in a Sale of Business
The Importance of an Anti-Discrimination Policy
Family Fun in February?
Uh Oh Overtime!
Dismissal Before Conviction: Can an Employee Charged with a Criminal Offence be Dismissed for Cause?
Book Review – International Labour Standards: Globalization, Trade and Public Policy
Pension Surplus Distribution on a Partial Wind Up: The Supreme Court of Canada's Decision in Monsanto Canada Inc.
Case comments published in the 'Employment and Labour Law Reporter' on the following cases:

News

Lyndsay Wasser weighs the pros and cons of screening job candidates using social media in the Canadian HR Reporter
Watch video: Lyndsay Wasser talks about the do's and don'ts of social media screening
Lyndsay Wasser comments on the importance of balancing employee privacy with security in Canadian Lawyer
Lyndsay Wasser discusses employee monitoring policies in Financial Post
Éloïse Gratton and Lyndsay Wasser featured in National Magazine on privacy in the private sector workplace
Éloïse Gratton and Lyndsay Wasser publish Privacy in the Workplace, 3rd Edition

Education

  • Osgoode Hall Law School, LLB - 2003
  • York University, Specialized Honours Bachelors Degree in Psychology (summa cum laude) - 2000

Year Of Call

  • Called to the Ontario bar - 2004

Practices

privacy and data protection

Industries

banking, finance and insurance
energy
life sciences
media, communications and entertainment
manufacturing, distribution and retail

Directorships and Professional Associations

  • International Association of Privacy Professionals
  • Ontario Bar Association
  • Canadian Bar Association
  • Toronto Lawyers Association

Awards & Rankings

Lyndsay is the recipient of multiple Awards in Law, including the Bronze Medal and prizes for placing first in first year law at Osgoode Hall Law School. A complete list of her legal Awards is as follows:

  • The Bronze Medal, Osgoode Hall Law School
  • Carswell Prize – for placing first in first year law at Osgoode Hall Law School
  • McCarthy Tetrault Prize – for placing first in first year law at Osgoode Hall Law School
  • McMillan Prize in Contracts
  • STEP Prize for Trusts and Estates
  • Martin J. Rochwerg Prize in Tax, Estates & Trusts Law
  • Shibley Righton LLP Prize in Taxation

Media Mentions

vcard

Lyndsay is a Certified Information Privacy Professional/Canada and the Co-Chair of McMillan's Privacy Group. She regularly advises and assists clients on a broad range of privacy issues, including advising on access requests, privacy breaches, workplace privacy issues (e.g., background checks, computer/video/phone monitoring, GPS tracking, drug and alcohol testing), handling personal health information, transferring personal information across borders, and CASL compliance, as well as helping organizations to develop privacy compliance programs, privacy and social media policies, data protection agreements and consent forms. Lyndsay regularly writes and speaks on privacy-related topics, and is the co-author of Privacy in the Workplace, 3rd ed. and the Privacy chapter in the Ultimate Corporate Counsel Guide.

Lyndsay also regularly provides advice and assistance to vendors and purchasers with respect to the privacy aspects of corporate transactions, including negotiating the privacy terms of purchase agreements.

  • Harper v Ludlow Technical Products Canada Ltd, 2011 CanLII 73172 (ON LRB)
  • Critical Path Couriers Ltd., 2011 CIRB 604 (CanLII)
  • Employment and Labour counsel representing both seller and buyers in multiple corporate transactions
May 2017
Privacy in the Workplace, 4rd Edition

LexisNexis Canada

May 2017
Canada - Employee Privacy Guidance Note

DataGuidance

December 2016
Privacy Practice Note for LexisNexis Practice Advisor Canada
October 2015
Ashley Madison – A new era in privacy class actions for Canada?
Privacy Bulletin
Canadian Corporate Counsel, Volume 24, Number 8
July 2015
Access Requests
Privacy Bulletin
July 2015
Cloud Computing
Privacy Bulletin
July 2015
Data Protection Agreements
Privacy Bulletin
July 2015
Breach Response Plans
Privacy Bulletin
July 2015
Cybersecurity
Privacy Bulletin
June 2015
Privacy Training
Privacy Bulletin
June 2015
PIPEDA Changes Finally Pass
Privacy Bulletin
June 2015
Privacy Programs
Privacy Bulletin
June 2015
Privacy Policies
Privacy Bulletin
July 2014
Three New Leaves for Ontario Workers to Take Effect October 29, 2014
Employment and Labour Bulletin    
Spring 2014
Privacy Chapter
Author, Ultimate Corporate Counsel Guide for CCH
Spring 2014
Managing Your Privacy Risk, An In-House Guide
Contributor, CCCA (Canadian Corporate Counsel Association) Magazine, author: Pablo Fuchs, Vol. 8, No. 1
February 2014
Are Contractual Termination Provisions Reliable?
Employment and Labour Bulletin
January 2014
Top Five Workplace Privacy Questions
Employment and Labour Bulletin
also presented at the International Association of Privacy Professionals (IAPP) Canada Privacy Symposium 2013
December 2013
Privacy in the Workplace, 3rd Edition
Wolters Kluwer CCH
April 2013
Social media background checks in Canada – Do the risks outweigh the rewards?1
Employment and Labour Bulletin
also presented at the Canadian Corporate Counsel Association (CCCA) Spring Conference 2013
March 2013
Overtime class actions – leave to appeal denied
Employment and Labour Bulletin
September 2012
On the hook: employer liability for traffic accidents caused by cell phone usage
Employment and Labour Bulletin
The bulletin was originally published in the Canadian HR Reporter.
April 2012
Racism – is speculation enough?
Employment and Labour Bulletin
March 2012
Ontario Court of Appeal recognises new tort for invasion of privacy
Insurance & Reinsurance ILO Newsletter
January 2012
Seclusion intrusion: A common law tort for invasion of privacy
Litigation and Employment Bulletin
July 2011
Background Checks – Uncovering Ominous Pasts
The Lawyers Weekly
July 1, 2011
Background Checks - Uncovering Ominous Pasts
April 2011
Employee privacy rights finally recognized?

Employment and Labour Bulletin

December 2008
Application of Privacy Laws to Employee Information in a Sale of Business
OBA Privacy Law Review, Eye on Privacy, Volume 9, No. 1.
October 2008
The Importance of an Anti-Discrimination Policy
Employment and Labour Relations Bulletin
January 2008
Family Fun in February?
Employment & Labour Relations Bulletin
July 2007
Uh Oh Overtime!
Employment and Labour Relations Bulletin
May 2006
Dismissal Before Conviction: Can an Employee Charged with a Criminal Offence be Dismissed for Cause?
16 E.L.L.R., Vol. 16, No. 2
2005
Book Review – International Labour Standards: Globalization, Trade and Public Policy
Canadian Labour & Employment Law Journal, Vol. 12, No. 1
November 2004
Pension Surplus Distribution on a Partial Wind Up: The Supreme Court of Canada's Decision in Monsanto Canada Inc.
14 E.L.L.R., Vol. 14, No. 8.
October 2004
Case comments published in the 'Employment and Labour Law Reporter' on the following cases:
Ontario Nurses' Association v. St. Joseph's Health Centre, [2005] O.J. No. 2874
Bravo v. Etobicoke Ironworks Ltd., [2005] O.J. No. 2070
Boland v. APV Canada Inc., [2004] O.J. No. 361
October 26, 2017
FinTech Regulation and Privacy
Canadian Lenders Summit, Toronto
January 16, 2014
Privacy in the Workplace
CCH Webinar with colleague Éloïse Gratton
December 9, 2013
Workplace Privacy - Social Media Checks
Lexpert Seminar on Information Privacy and Data Protection
May 24, 2013
Top Five Workplace Privacy Issues
IAPP Canada Privacy Symposium
April 2013
Social Media Background Checks in Canada - Do the Risks Outweigh the Rewards?
CCCA National Spring Conference
November 6, 2012
Preventing and Responding to Privacy Breaches in the Workplace
Lexpert course on Information Privacy and Data Protection: Technology, Security and Corporate Responsibility in Today's Marketplace
May 2012
Privacy 102: Identifying and Developing Role-Specific Privacy Education
Speaker at IAPP Canada Privacy Symposium 2012
December 2011
Employee Privacy
Speaker at Workplace Privacy: Information Privacy and Data Protection Course, Lexpert
October 2011
Summary Judgment and Mini Trials in Employment Law Cases
Speaker at 12th Annual Employment Law Summit (Law Society of Upper Canada)
October 1, 2011
Summary Judgement and Mini Trials in Employment Law Cases
12th Annual Employment Law Summit