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Canada: How to Develop a Privacy-Enriched Data Retention Policy

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In brief

Every day companies around the world grapple with how best to protect critical business data. However, retaining personal information about an individual or employee for longer than necessary makes it more likely that the information will be subject to unauthorized or accidental access, use or disclosure. It could also violate the terms of the individual’s consent and reasonable expectations of privacy.

Baker McKenzie Partner Theo Ling and Associate Jonathan Tam recently outlined an approach on how to develop a privacy-enriched data retention policy, published in The Canadian Privacy Law Review. The piece discusses the steps organizations can take to determine and document how long to retain personal information collected across its operations.

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Author

Theo Ling heads Baker McKenzie's Canadian Information Technology/Communications practice and is a member of the Firm's Global IP/Technology Practice Group, and Technology, Media & Telecoms and Financial Institutions Industry Groups. Theo is ranked by several legal directories, including Chambers Canada, where he is described as "a knowledgeable technology lawyer, with a practical, 'can-do' attitude who is excellent at getting things done." Named by the Financial Times as one of the Top Ten Most Innovative Lawyers in North America, Theo founded the legal industry's first global legal innovation lab focused on multidisciplinary collaboration and serves on the Firm's Global Innovation Committee.

Author

Jonathan Tam is an associate in Baker & McKenzie´s Toronto office. He advises clients on regulatory compliance, with experience in the areas of global privacy, information technology, cyberlaw, international trade and commerce, intellectual property and telecommunications. He has co-authored multiple publications focusing on accountability in the privacy context, and routinely coordinates multijurisdictional projects aimed at ensuring that clients’ global operations safely comply with applicable local requirements.

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