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Lyndsay Wasser is a highly experienced lawyer practising in the areas of data protection, privacy and cybersecurity. She is a certified information privacy professional / Canada (IAPP), and provides support and legal counsel on a broad range of privacy and cybersecurity issues to clients in a variety of industries. Lyndsay leads the firm’s Privacy & Data Protection Group nationally.

Lyndsay advises on access requests, legal requirements related to data security, workplace privacy issues (e.g., background checks, computer / video / phone monitoring, GPS tracking, drug and alcohol testing), handling personal health information, CASL compliance, and transferring personal information across borders. She also helps organizations develop privacy compliance programs, privacy and social media policies, data sharing agreements and consent forms. Lyndsay advises on privacy and data breaches involving different types of information including payment card information, patient data, employee personal information and sensitive identity information. She assists clients with risk assessment, breach response strategy, complying with notification obligations, communicating with regulators and coordinating forensic investigations.

In addition to her work in data protection and privacy, Lyndsay counsels management in all areas of employment law, including hiring, performance management, employment standards, human rights laws and employment terminations. She provides assistance in drafting and reviewing employment contracts, compensation plans and employment policies. She also regularly provides advice and assistance on the privacy and employment aspects of corporate transactions, including negotiating the terms of purchase agreements, evaluating issues in the transactions, and drafting offer letters and other contracts for transferring employees.

A regular speaker and contributor on privacy law and cybersecurity law, Lyndsay is the co-author of Privacy in the Workplace, 4th edition and the chapter on privacy in the Ultimate Corporate Counsel Guide (CCH).



Representative Matters

Corporate Transactions

  • Acted for Roseburg Forest Products, in connection with its first international acquisition of Pembroke MDF, an Ontario MDF and molding facility.

Cases

  • Harper v Ludlow Technical Products Canada Ltd, 2011 CanLII 73172 (ON LRB)
  • Critical Path Couriers Ltd., 2011 CIRB 604 (CanLII)

Speaking Engagements

Data Breaches & Cybersecurity Incidents: The Legal Guide to Preparedness and Response Osgoode Professional Development Program

November 20, 2020

Privacy Across Borders : Privacy and Access to Information Law Section Ontario Bar Association

September 17, 2020

Privacy Best Practices PrivacyConnect Online Toronto

June 19, 2020

Today's Privacy Challenges: Remote Workforces, Consent and Sensitive Personal Information OBA Privacy and Access to Information Law Program , Webcast

April 1, 2020

2019 Year in Review: Privacy, Data Protection & Cybersecurity McMillan LLP, Toronto

February 4, 2020

Global Privacy Compliance Seminar A McMillan LLP and PrivacyRules Special Event

November 7, 2019

General Data Protection Regulation (GDPR), Product Liability, and Recalls Product Liability Conference, Austin, TX

February 7, 2019

Data Governance and Management: Collection, Storage & Transfer of Data in Canada 2018 CAN-TECH LAW 22nd Annual Conference

October 29, 2018

Investing in the Canadian AI Ecosystem The CANADA AI Summit

October 25, 2018

The Evolving Landscape of Cybersecurity Law in Canada: new breach notification obligations and guidance from the regulators Association of Corporate Counsel Conference

October 2, 2018

Cybersecurity AI World Forum, Toronto, Ontario

November 27, 2017

FinTech Regulation and Privacy Canadian Lenders Summit, Toronto

October 26, 2017

Privacy Law Update 2017 Ontario Connections Conference - Access, Privacy, Security, Records Management, Toronto, Ontario

June 6, 2017

Legal Implications of Cybersecurity ACFI Annual Fraud Conference, Toronto, Ontario

May 1, 2017

Privacy Law Update 2016 Ontario Connections, Access, Privacy, Security & Records Management Conference

June 7, 2016

Current Issues in Privacy Law and CASL IT Law Spring Forum 2016

May 16, 2016

Cybersecurity Landscape in 2015 – Recent Trends and Developments Toronto Computer Lawyers' Group, Toronto, Ontario

November 19, 2015

Privacy in the Workplace CCH Webinar with colleague Éloïse Gratton

January 16, 2014

Workplace Privacy - Social Media Checks Lexpert Seminar on Information Privacy and Data Protection

December 9, 2013

Social Media Background Checks in Canada - Do the Risks Outweigh the Rewards? CCCA National Spring Conference

April 2013

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

November 6, 2012

Privacy 102: Identifying and Developing Role-Specific Privacy Education Speaker at IAPP Canada Privacy Symposium 2012

May 2012

Employee Privacy Speaker at Workplace Privacy: Information Privacy and Data Protection Course, Lexpert

December 2011

Summary Judgment and Mini Trials in Employment Law Cases Speaker at 12th Annual Employment Law Summit (Law Society of Upper Canada)

October 2011

Summary Judgement and Mini Trials in Employment Law Cases 12th Annual Employment Law Summit

October 1, 2011

News


Media Mentions

Rankings & Recognitions

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

Directorships & Affiliations

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

Education & Admissions

2004
Called to the Ontario Bar
2016
Certificate in Pension LawOsgoode Hall Law School,
2003
LLBOsgoode Hall Law School
2000
BA, Psychology (summa cum laude)York University, Specialized Honours

Publications

Insights by Lyndsay A. Wasser (61 Posts)

McMillan’s Automotive Industry Webinar Series – Part Two (February 9, 2021)

Jan 21, 2021

Join us for Part Two of McMillan's Automotive Industry Webinar Series

International Comparative Legal Guide (ICLG) – Cybersecurity Canada 2021

Dec 3, 2020

The International Comparative Legal Guide (ICLG) - Cybersecurity Canada 2021 guide covers common issues in cybersecurity laws and regulations.

Another Leap Forward for Canadian Privacy Laws

Nov 19, 2020

The Digital Charter Implementation Act, 2020 received its first reading in the House of Commons. If passed, the Act will radically change Canadian Privacy Law.

McMillan’s Employment and Labour Webinar

Nov 10, 2020

This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.

Reporting and Recording Breaches of Security Safeguards – The OPC releases new resources for businesses

Sep 28, 2020

Office of the Privacy Commissioner of Canada ("OPC") released a number of new resources to assist organizations with their breach assessment, reporting and recording obligations.

Privacy Penalties – Canadian Competition Bureau Wades Into Privacy Enforcement

May 26, 2020

Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations

How Should AI be Regulated in Canada? Speak now, or forever hold your peace!

Feb 24, 2020

Many organizations recognize the potential benefits that artificial intelligence can bring to their business. Canadian regulations coming sooner than later.

2019 Year in Review: Privacy, Data Protection & Cybersecurity

Feb 4, 2020

Focusing our discussion on significant advancements, findings and key takeaways, we will present a “Year in Review” session that will cover many of the notable developments that occurred in 2019.

IIROC Introduces Mandatory Reporting of Cybersecurity Incidents for Dealers

Dec 9, 2019

On November 14, 2019, IIROC amended its Dealer Member Rules to require mandatory reporting by dealer members that suffer a cybersecurity incident or breach.

Employment and Labour Seminar Series: Toronto

Oct 30, 2019

Join us as we discuss significant legal developments and provide practical advice on critical issues facing employers in Canada.

OPC Maintains Status Quo on Transborder Data Flows…At Least for Now!

Sep 23, 2019

Feedback from stakeholders regarding its consultation on transfers for processing and transborder data flows, Office of the Privacy Commissioner of Canada has decided to maintain the status quo.

“Gonna stand my ground; And I won’t back down”¹ – The OPC charges forward with its controversial consultation on transborder dataflows/transfers for processing

Jun 24, 2019

On June 11, 2019, the Office of the Privacy Commissioner of Canada (“OPC”) published a reframed discussion document (the “Reframed Discussion”)

Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws

May 23, 2019

On May 21, 2019, the Canadian federal government released a proposed Digital Charter

Is Data Residency Coming to Canada? The OPC Signals a Major Change to its Policy Position on Transborder Dataflows

Apr 15, 2019

On April 9, 2019, the Office of the Privacy Commissioner of Canada (“OPC”) initiated a consultation on transborder dataflows under the Personal Information Protection and Electronic Documents Act (“PIPEDA”) (the “Consultation”).

The Privacy Commissioner’s Guide to Protecting Personal Information in Cannabis Transactions

Jan 30, 2019

The Office of the Privacy Commissioner of Canada recently released a guidance document for Canadian private sector cannabis retailers who collect personal information from their customers.

Privacy, Data Protection & Cybersecurity Seminar

Nov 13, 2018

McMillan is pleased to host its third annual Privacy, Data Protection & Cybersecurity Seminar in Toronto.

A $250,000 Reminder that “CASL” is Not Just an Anti-Spam Law

Jul 16, 2018

July, 2018, the CRTC announced it took enforcement action against Datablocks and Sunlight Media - the first time action is taken under Canada's "Anti-Spam Law"

PIPEDA – How to Obtain “Meaningful” Consent, and When Consent is Not Enough

May 30, 2018

On April 19, 2018, the Canadian Securities Administrators (the "CSA") published new draft rules governing the registration of derivatives market participants.

PIPEDA’s Breach Reporting Requirements Finalized, to Come Into Force November 1, 2018

May 15, 2018

Personal information where it is reasonable in the circumstances to believe that the breach creates a "real risk of significant harm"[1] to affected individuals

McMillan’s Second Annual Privacy, Cybersecurity and Data Protection Seminar

Nov 14, 2017

Members of McMillan’s Privacy, Cybersecurity, Data Protection groups will be discussing, for the second year running, how client and in-house counsel can educate their firms on how to navigate through privacy in the workplace, cyber security risks and data protection issues on Tuesday Nov 14, 2017.

Prying Eyes: Risk of Employee ‘Snooping’ and How to Reduce it

Nov 7, 2017

Prying Eyes: Risk of Employee ‘Snooping' and How to Reduce it

Cybersecurity – The Legal Landscape in Canada

Oct 25, 2017

Cybersecurity – The Legal Landscape in Canada

McMillan’s Employment & Labour Relations Group Seminar

Sep 28, 2017

Please join us for a practical and in-depth discussion aimed at HR professionals, in-house counsel and operations managers, who want to prepare and better understand how Bill1 48 will impact their business.

Supreme Court of Canada Turns the Other Cheek: Facebook’s “Terms and Conditions” – Forum Selection Clause Unenforceable

Jun 29, 2017

Supreme Court of Canada Turns the Other Cheek: Facebook's "Terms and Conditions" – Forum Selection Clause Unenforceable

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

Jun 7, 2017

CASL Private Right of Action Delayed; Enforcement by CRTC Continues

Data protection in the field of employment in Canada

Jun 6, 2017

Employee personal information handled by an organization is far greater than the personal information collected by the organization about customers and third parties

Privacy in the Workplace, 4rd Edition

May 17, 2017

Privacy in the Workplace 3rd Edition

Are You Ready for CASL’s Private Right of Action?

Jan 30, 2017

Are You Ready for CASL's Private Right of Action?

Ontario’s Pooled Registered Pension Plans Act Takes Effect

Nov 29, 2016

Ontario's Pooled Registered Pension Plans Act Takes Effect

McMillan Cybersecurity Article Series

Nov 8, 2016

McMillan Cybersecurity Article Series

Privacy, Data Protection and Cybersecurity Seminar

Nov 3, 2016

As organizations are increasing their investment in data safeguards, McMillan’s Privacy Group would like to help our clients understand their core privacy, data protection and cybersecurity obligations and related legal issues.

2016 Annual Employment and Labour Seminar

Oct 20, 2016

McMillan's Labour and Employment Group invites you to join us at our annual employment and labour seminar.

Speak Now: Consultation on Solvency Funding for Defined Benefit (DB) Pension Plans

Aug 18, 2016

Speak Now: Consultation on Solvency Funding for Defined Benefit (DB) Pension Plans

The GDPR – Key Points for Canadian Businesses

Aug 5, 2016

The GDPR – Key Points for Canadian Businesses

Privacy Alert: Proliferation of Access Requests as New Tools Automate Request Generation and Distribution

Jun 23, 2016

Privacy Alert: Proliferation of Access Requests as New Tools Automate Request Generation and Distribution

Cybersecurity and the Internet of Things

May 17, 2016

Cybersecurity and the Internet of Things

Privacy and Cybersecurity Issues in Canadian M&A Transactions

Apr 4, 2016

Privacy and Cybersecurity Issues in Canadian M&A Transactions

Introducing Safe Harbour 2.0: the EU-US Privacy Shield

Feb 16, 2016

Introducing Safe Harbour 2.0: the EU-US Privacy Shield

Can you keep a secret? The courts recognize a new tort for public disclosure of private facts

Feb 1, 2016

Can you keep a secret? The courts recognize a new tort for public disclosure of private facts

Safe Harbour Not Safe Enough: Data Transfers From E.U. To U.S. Out To Sea

Oct 17, 2015

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?

Oct 2, 2015

Ashley Madison – A new era in privacy class actions for Canada?

Cloud Computing

Jul 24, 2015

Cloud Computing

McMillan Privacy Basics Bulletin Series

Jul 17, 2015

McMillan Privacy Basics Bulletin Series

Flag on the Play? Recent Disclosure of NFL Player’s Medical Information Sparks Allegations of Privacy Violations

Jul 17, 2015

Flag on the Play? Recent Disclosure of NFL Player's Medical Information Sparks Allegations of Privacy Violations

Data Protection Agreements

Jul 16, 2015

Data Protection Agreements

More Changes to Cyber Security Laws on the Horizon?

Jul 15, 2015

More Changes to Cyber Security Laws on the Horizon?

Ought We Fear the Time Of Year? Summer Dismissals May Warrant Longer Notice Periods

Jul 9, 2015

Ought We Fear the Time Of Year? Summer Dismissals May Warrant Longer Notice Periods

Breach Response Plans

Jul 9, 2015

Privacy breaches can occur despite an organization's best efforts to prevent them.

Access Requests

Jul 5, 2015

Access Requests

Cybersecurity

Jul 2, 2015

Cybersecurity Privacy

Privacy Training

Jun 28, 2015

Privacy Training

PIPEDA Changes Finally Pass

Jun 22, 2015

PIPEDA Changes Finally Pass

Privacy Programs

Jun 19, 2015

Privacy Programs

Privacy Policies

Jun 9, 2015

Privacy Policies

Bell Gets a Bad Rap for its RAP (Relevant Advertising Program)

Jun 2, 2015

Bell Gets a Bad Rap for its RAP (Relevant Advertising Program)

Monitoring the Mayor – B.C. Mayor alleges that computer monitoring violated his privacy

May 21, 2015

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

May 15, 2015

The media has taken a keen interest in a story about bystanders who interrupt live broadcasts, primarily by female reporters, with shouts of a vulgar and offensive phrase that is being referenced with the acronym FHRITP.

Three New Leaves for Ontario Workers to Take Effect October 29, 2014

Jul 17, 2014

Three New Leaves for Ontario Workers to Take Effect October 29, 2014

Proposed amendments to the ESA – new leaves for Ontario employees?

Aug 6, 2013

Proposed amendments to the ESA – new leaves for Ontario employees?

Overtime class actions – leave to appeal denied

Mar 22, 2013

Overtime class actions – leave to appeal denied

Seclusion intrusion: A common law tort for invasion of privacy

Jan 19, 2012

seclusion intrusion: a common law tort for invasion of privacy