Internal investigation traps
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The document discusses eight common traps that can undermine internal investigations and provides advice to avoid them. The traps are: 1) making pre-judgements without considering all facts; 2) failing to see the full context or missing key facts; 3) unnecessary sharing of investigation responsibilities; 4) failing to gather full context of admissions; 5) poor preservation of electronic evidence; 6) failure to use electronic evidence in a provable way such as printing documents; 7) including harmful conclusions in reports that are not clearly linked to facts; and 8) poor management of draft reports by concluding prematurely without counsel input. The author advises seeking counsel's guidance to avoid these traps.
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Campbell from IT called the presenter on a Saturday to report that key servers at their organization, including the email and file servers, were inaccessible. A cryptic note was left demanding payment to regain access, indicating a potential ransomware attack. The presenter is advised to have Campbell contain the incident by disconnecting from the internet, not make any payments, and call in expert help from lawyers and incident response specialists to properly investigate and mitigate the risks. The presentation then outlines the typical incident response process and provides tips on internal communication, notifying affected individuals, and having an incident response plan in place ahead of time.
The Current State of FOI
One hour presentation to cyber and privacy professionals on freedom of information and how it is responding to the internet and the cyber threat.
Cyber, secrecy and the public body
1 hours presentation to IT security and law enforcement audience on how access to information legislation and related pressures affect public bodies in Canada.
The privacy and security implications of AI, big data and predictive analytics
This document discusses the privacy and security implications of AI, big data, and predictive analytics in the workplace. It provides an overview of workplace privacy law in Canada, including statutes that govern the handling of employee personal information. While no Canadian law directly addresses AI and predictive analytics, statutes support employee control over personal information not related to employment and transparent data processing. The document examines potential AI applications in fraud detection, data security, process automation, and employee retention. It also discusses challenges around collecting and using employee data for AI models and the possibility of future AI regulation in Canada.
Advocates' Society Tricks of the Trade 2019 - A Privacy Update
This document summarizes key issues regarding privacy law in Canada. It discusses two questions: whether evidence obtained in breach of privacy would be excluded in non-criminal cases, and what has been learned about the elements and defenses of the intrusion upon seclusion tort since a recent case. Regarding the first question, the document concludes evidence is rarely excluded. For the second question, it outlines the elements and defenses established in the recent case, and analyzes how subsequent cases have applied those standards.
Privacy, Data Security and Anti-Spam Compliance
45 min prez to compliance professionals at Canadian financial institutions. A survey presentation covering privacy, data security and anti-spam (CASL).
Cyber Insurance and Incident Response Practice
Cyber incident scenario and questions designed for lawyers, insurance adjusters and claims managers and risk managers.
Role of a breach coach
I hate the term "breach" - please call it a "security incident" - but the term "breach coach" is certainly ingrained. Posting today's presentation on the role of the coach as I step out the door to an insurance sector event.
PHIPA for school boards
Who is the "health information custodian" when an institution with an educational mandate provides health care? PHIPA gives institutions choice. Here's a presentation i gave yesterday in which I argue that the institution (and not its practitioners) should assume the role of the HIC.
Privacy, Data Security and Anti-Spam Compliance
This document discusses privacy, data security, and anti-spam compliance. It covers privacy legislation in Canada including PIPEDA, and outlines new provisions regarding applicants for employment and sharing personal information to investigate breaches of law. Regarding data security, it discusses regulatory frameworks and standards from OSFI, CSA, and PIPEDA. Breach notification requirements are outlined. Finally, the document discusses CASL spam regulation including express consent requirements and recent enforcement actions.
Finding internet evidence
This document provides tips and tools for collecting internet evidence. It discusses using WHOIS searches to find information about domain registrants, the Wayback Machine for archived website snapshots, reverse image searches to verify identities, and various social media search tools like AllMyTweets, Knowem, and Social Searcher. The document cautions that only clients, not assistants, should directly access online accounts and platforms. It also includes an ethics scenario about using a relative's friendship on Facebook to view information about a plaintiff.
More from Dan Michaluk (20)
Cyber security for the regulator and regulated - Ontario Regulatory Authorit...
Cyber security for the regulator and regulated - Ontario Regulatory Authorit...
Cyber Incident Response - When it happens, will you be ready?
Cyber Incident Response - When it happens, will you be ready?
The privacy and security implications of AI, big data and predictive analytics
The privacy and security implications of AI, big data and predictive analytics
Advocates' Society Tricks of the Trade 2019 - A Privacy Update
Advocates' Society Tricks of the Trade 2019 - A Privacy Update
Internal investigation traps
- 1. Management Counsel’s Perspective: Eight Investigation Traps and What to do About Them Dan Michaluk 17 August 2010
- 19. Management Counsel’s Perspective: Eight Investigation Traps and What to do About Them Dan Michaluk 17 August 2010