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Priscilla Platt

Counsel

(416) 360-2530
(866) 861-9051

Biography

Priscilla has practiced privacy and access to information law for over twenty years, first in the public sector and then with Heenan Blaikie.  In these areas, she has worked on a wide variety of regulatory matters involving entities in the public and broader public sectors as well as in the private sector. Priscilla has represented clients before regulators across Canada, at the federal and provincial levels as well as before the courts, in relation to privacy complaints and access to information requests and appeals. In these areas of the law Priscilla has also assisted clients with compliance matters, relating to the development of appropriate policies, service provider arrangements, audits, reviews, negotiations, privacy impact assessments and responses to privacy breaches and the impact of privacy on litigation, including e-discovery.

In 2007, Priscilla and Adam Kardash co-authored and launched Heenan Blaikie’s electronic guide to access to information legislation in Ontario and at the federal level. The guide, called the "Public Source", available at AccessPrivacy.ca, is an innovative tool to assist institutions and the public to understand the developments of the law in these areas.

An active member of several professional organizations, Priscilla was a founding member of the Privacy Law sections of both the Canadian Bar Association and the Ontario Bar Association (OBA), and served as the first chair of both sections. She has been an executive member of the Privacy Law Section and the Public Sector Lawyers' Section of the OBA. In 2005, as part of her work with the OBA, Priscilla helped develop "Short Notices" in relation to Ontario's Personal Health Information Protection Act (PHIPA). These notices were distributed widely to Ontario hospitals, doctors and other health care providers to advise the public of their privacy rights under the legislation.

Priscilla's background includes significant experience in the public sector in relation to privacy and access to information law where, as Senior Counsel with the Ministry of the Attorney General in Ontario, she provided advice in these areas.

Priscilla was an adjunct professor of Information Law at the University of Toronto Law School from 2007 to 2008 and, in May 2007, was appointed Special Counsel, Privacy Law, to the Inquiry into Pediatric Forensic Pathology in Ontario.

On June 20, 2006, the Ontario Bar Association awarded Priscilla the first Karen Spector Award for Excellence in Privacy Law.

Priscilla was the recipient of the Attorney General of Ontario Awards for Professional Achievement in 1999 and for Innovation in 2004.

Education
J.D., University of Toronto, 1975
 
 
Professional Affiliations
Canadian Bar Association
International Association of Privacy Professionals (IAPP)
Ontario Bar Association
 
Publications and Conferences

Presenter, “Exclusions for Research and Teaching Records under FIPPA”, OHA webcast. Toronto, November 16, 2011.

Co-Chair, “Hot Issues in M/FIPPA for Police Services”, FOIPN Fall Workshop, Webcast, Peterborough, October 19, 2011. 

Bi-weekly Presenter, “Ontario Hospital FIPPA Network”, Toronto, April 2011 to present.

Presenter, “Hot Issues in Access and Privacy”, AMCTO Annual Conference, Toronto, June 15, 2011.  

Presenter, “ 2011 Health Essential Legislative Update”, Ontario Bar Association, Toronto, May 11, 2011.  

Presenter, “Hospitals and FIPPA”, LHIN Network, Toronto, May 4, 2011. 

"Citizens Do Not have a Right to Access Government Employees' Personal Emails", by B. Elberg and P. Platt, OBA Public Sector Lawyers Section Newsletter, Vol. 9, No. 2, April, 2011. 

Co-Chair, “Hot Issues in Access to Information”, presented by AccessPrivacy, Toronto, April 6, 2011.
 
Chair, "Current Access to Information Issues Under the ATIA/PA", Hot Issues in Access to Information Conference Series presented by AccessPrivacy, Ottawa, April 28, 2010.
 
Moderator, "Lessons Learned From the Public Sector", AccessPrivacy 2010, Toronto, March 25, 2010
 
Co-Chair, “Sharing and Using Personal Information in a Digital Environment: Striking the Privacy”, Ontario Bar Association Institute, Toronto, February 16, 2010.
 
Speaker, “Privacy Legislation in the Litigation Context”, Ontario Bar Association Institute, Toronto,  February 16, 2010.
 
Co-Chair, "Hot Issues in Ontario's Freedom of Information and Protection of Privacy Act (FIPPA) and Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)" – 3rd Annual FIPPA and MFIPPA Update and Training Session, Heenan Blaikie Conference, Toronto, June 18, 2009.
 
Moderator, Commissioner's Roundtable discussion entitled "The Pursuit of Truth" at the University of Alberta's Annual National 2009 Access and Privacy Conference,  Edmonton, June 11, 2009.
 
Presenter, "Access to Personal Information", Ontario Bar Association: Hot Issues in Privacy Law, Toronto, June 8, 2009.
 
Co-Chair, "Hot Issues in Access and Privacy", Heenan Blaikie Conference, Ottawa, May 28, 2009.
 
Appeared before the Parliamentary Standing Committee on Access to Information, Privacy and Ethics in the House of Commons on behalf of the Canadian Bar Association to respond to a request for amendment to the Access to Information Act, Ottawa, May 6, 2009.
 
Presenter, “Privacy and Access to Information”, Fundamentals of Administrative Law & Practice, The Canadian Institute, Toronto, April 23, 2009.
 
Presenter, “Hot Issues in Ontario’s Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) for Police Services”, Spring Seminar – Freedom of Information Police Network (FOIPN), Ottawa Police Service, Ottawa, April 21, 2009.
 
Co-Author (with Paul M. Lalonde), "Battling for transparency", article published in Summit magazine, March 2009.
 
Co-Chair, “Hot Issues for the Energy Sector bound by Ontario’s Freedom of Information and Protection of Privacy Act (“FIPPA”) and Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”)”, Heenan Blaikie Conference, Toronto, March 5, 2009.
 
Co-Presenter, “How does a Tribunal Balance Openness with Privacy?”, The Law Society of Upper Canada’s The Six-Minute Administrative Lawyer 2009, Toronto, February 24, 2009.
 
Co-Chair, "Hot Issues in Ontario's Freedom of Information and Protection of Privacy Act (FIPPA) and Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) for Transit Authorities", Heenan Blaikie Conference, Toronto, February 12, 2009.   
 
Presenter: “The Closed Meeting Exemption Under Ontario’s Freedom of Information and Protection of Privacy Act (“FIPPA”) and Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”)”, Ontario Bar Association Institute: Dealing with the Public’s Right to Know: A Public Sector Lawyer’s Perspective, Toronto, February 2, 2009. 
 
Co-Chair, “What Every Lawyer Needs to Know About Privacy”, Ontario Bar Association 2009 Institute of Continuing Legal Education, Toronto, February 2, 2009. 
 
Presenter: "The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and Conservation Authorities: Managing Expectations", Big Source Water Protection ("SWP") Day, Conservation Ontario, Toronto, January 28, 2009.
 
Presenter, “Access to Information: How Public Should the Procurement Process Be?”, The Canadian Institute’s 6th Annual Legal & Business Guide to Public Procurement, Ottawa, January 19-20, 2009.
 
Moderator, "The SCC’s Blood Tribe Decision – The Breadth and Implications for Tribunals", Ontario Bar Association dinner, Toronto, December 4, 2008.
 
Presenter, “Conducting Internal Investigations: Responding to Privacy Complaints or Breaches under Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA) and Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)”, The Canadian Institute, Toronto, November 24 & 25, 2008.
 
Chair, “Hot Issues in Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA) and Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)”, FIPPA and MFIPPA Update and Training Session, Heenan Blaikie Conference, London, November 6, 2008.
 
Co-Presenter, “Governance and the Public Good: Access to Information and Corporate Governance”, Association of Canadian Port Authorities, Governance Seminar, Toronto, October 22, 2008.
 
Presenter, “Hot Issues in Ontario’s Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) for Police Services”, Fall Seminar – Freedom of Information Police Network (FOIPN), Chatham Police Service, Chatham, October 21, 2008.
 
Presenter, “The Collection of Personal Information and Municipal By-Laws: The Impact of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)”, The Canadian Institute, Municipal Law, Toronto, September 26, 2008.
 
Presenter, “Access to Information and Privacy Issues for a Medical Expert”, Microprogram on Insurance Medicine and Medicolegal Expertise, a University of Montreal programme held in conjunction with Canadian Society of Medical Evaluators (CSME), Toronto, September 19, 2008. 
 
Chair, “Hot Issues in Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA) and Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)”, Heenan Blaikie Conference, North Bay, June 18, 2008.
 
Presenter, “Hot Issues in Ontario’s Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) for Police Services”, Spring Seminar – Freedom of Information Police Network (FOIPN), Barrie Police Service, Barrie, April 30, 2008.
 
Presenter, “Fundamentals of Administrative Law: Privacy and Access to Information –  Judicial Reviews under FIPPA and MFIPPA”, Fundamentals of Administrative Law & Practice, The Canadian Institute, Toronto, April 28 & 29, 2008.
 
Co-Chair, “Hot Issues in Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA) and Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)” – 2nd Annual FIPPA and MFIPPA Update and Training Session, Heenan Blaikie Conference, Toronto, April 16, 2008.
 
Presenter, “Protecting Privacy Rights in E-Document Management and Discovery”, 3rd Annual Forum on E-Document Management & Discovery, The Canadian Institute, Toronto, March 4-5, 2008.
 
Presenter, “Balancing Transparency and Confidentiality: Debriefing Dilemmas”, Government Procurement III: Headlining Issues Conference, Ontario Bar Association, Toronto, February 25, 2008.
 
Presenter, “Adopting Proactive Measures: Preventing Political Liability for Privacy Breaches”, 14th Annual Provincial / Municipal Government Liability Conference, The Canadian Institute, Toronto, February 7 & 8, 2008.
 
Co-Chair, “Privacy: Current Themes and Trends”, Ontario Bar Association 2008 Institute of Continuing Legal Education, Toronto, February 4, 2008.
 
Author, “Ontario Superior Court Issues a Landmark Decision on the Right of Privacy under the Charter”, Ontario Bar Association, Public Sector Lawyers’ Section Newsletter, Volume 6, No. 1 – December, 2007.
 
Co-Chair, "Municipal Freedom of Information and Protection of Privacy Act (MFIPPA: Conference for Municipalities, Police Services and Local Boards)," Heenan Blaikie Conference, Toronto, November 26, 2007.
 
Co-Chair, “PIPEDA  –  Reach or Over Reach  –  Constitutional Issues”, Ontario Bar Association Conference, Toronto, November 12, 2007.
 
Co-Panelist, “M/FIPPA, PHIPA and PIPEDA Impact on Litigation”, “What RFPs and Pawn Shops Have in Common” and “Disclosure in Financial Transactions: Preserving Client’s Privacy and Confidentiality”, Ontario Bar Association 2nd Annual Privacy Law Summit, Toronto, November 5, 2007.
 
Plenary Speaker, "Open Justice v. Protection of Privacy: The Great Debate," COBA (Conference of Ontario Boards and Agencies) Conference 2007, Toronto, November 1, 2007.
 
Presenter, "Third Party Commercially Valuable Information in Procurement: Access to Information Laws - What are the Implications for Procurement?" IMLA's (International Municipal Lawyers Association) 72nd Annual Conference, Nashville, Tennessee, October 28-31, 2007.
 
Co-Chair, "Hot Issues in Ontario's Freedom of Information and Protection of Privacy Act (FIPPA) and Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)," Heenan Blaikie Conference, North Bay, June 6, 2007.
 
Co-Chair, "Tendering Top Five: Recent Developments in Procurement and Access/Privacy Law," Heenan Blaikie Complimentary Conference, Toronto, May 23, 2007.
 
Co-Author, "AccessPrivacy.ca," a Heenan Blaikie electronic guide to Ontario's Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), April 2007.
 
Co-Chair, "Hot Issues in Ontario's Freedom of Information and Protection of Privacy Act (FIPPA) and Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)," Heenan Blaikie Conference, Toronto, March 22, 2007.
 
Presenter, "Passengers, Privacy, PIPEDA. and the Pitfalls," Travel Law Conference, Toronto, February 22, 2007.
 
Presenter, "Summary Overview of the Implications of the Freedom of Information and Protection of Privacy Act for the University Sector," Ontario University Registrars' Association, Niagara Falls, February 19, 2007.
 
Co-Chair, "Acting for Public Bodies: The Essence of the Duties Owed," Ontario Bar Association Institute Conference, Toronto, February 6, 2007.
 
Co-Chair, “Data Breaches and Identity Theft: The Quintessential Privacy Dilemma,” Ontario Bar Association Institute Conference, Toronto, February 6, 2007.
 
Presenter, "Best Practices in Privacy Compliance and Pension Administration," The Canadian Institute, 8th Annual National Forum on Pension Law, Litigation & Governance, Toronto, January 30/31, 2007.
 
Course Leader, “The Intensive Course in Privacy and Data Security,” Osgoode Hall Law School, Professional Development CLE, January 22/23, 2007.
 
Co-Panelist, “Exemptions under all four Privacy Acts,” Ontario Bar Association, 1st Annual Privacy Law Summit, November 9, 2006.
 
Author, “Solicitor-Client Privilege Exemption under PIPEDA — Recent Decisions,” Ontario Privacy Law Review, Eye on Privacy, Volume 7, No. 2, November 2006.
 
Trainer / Presenter, Privacy Certification Program, International Association of Privacy Professionals (IAPP), Toronto, October 17, 2006.
 
Speaker, “Lessons Learned from Decades of Public Sector Access and Privacy Regulation,” PHIPA Summit, Toronto, October 17, 2006.
 
Presenter, “MFIPPA and PHIPA—Privacy Rights and Obligations,” 2006 Annual Ontario Public Health Boards Association Conference, Toronto, September 18, 2006.
 
Co-Panelist, “Privacy Laws, Privilege and Judicial Process—Balancing Conflicting Objectives,” Insight, Electronic Records, E-Discovery and Access to Information, Toronto, September 29, 2006.
 
Presenter, “Recent Legislative Changes to FIPPA and MFIPPA,” Access and Privacy Workshop  2006, Toronto, September 14, 2006.
 
Presenter, "Outsourcing of Personal Information," Hot Topics in Privacy Law, Ontario Bar Association Conference, Toronto, June 8, 2006.
 
Co-Author, "Privacy Law in the Private Sector: An Annotation of the Legislation in Canada," Canada Law Book, 2002 to 2006.
 
Panelist, "Transparency in Government--the Quintessential Democratic Dilemma," Association of Law Officers of the Crown Annual Conference, Ontario, May 31, 2006.
 
Lecturer, "Openness and Privacy in a Democracy," Ryerson University, Public Administration Graduate Class, Toronto, May 18, 2006.
 
Co-Presenter, "Overview of FIPPA in the University Context," Ontario College of Art & Design, speech to executive team, Toronto, May 15, 2006.
 
Presenter, "Summary Overview of the Implications of the Freedom of Information and Protection of Privacy Act for the University Sector," Executive Heads Roundtable, Council of Ontario Universities, Toronto, April 20, 2006.
 
Co-Author, “Annotated Commentary of the Freedom of Information and Protection of Privacy Act (FIPPA) in the University Context”, Council of Ontario Universities, April 20, 2006.
 
Author, "The Individual’s Right of Access to his or her own Personal Health Information," Health Law in Canada, March 2006, Volume 26, No. 3 at p. 44.
 
Co-Chair, "Privacy Essentials: Tips, Traps and Hot Issues," Ontario Bar Association Institute, Public Sector Privacy Legislation, Toronto, January 23, 2006.
 
Co-Chair, "The Latest and Most Pressing Issues in Public Law," Ontario Bar Association Institute, Ethics in Public Service, Toronto, January 23, 2006.
 
Presenter, "The Individual’s Right of Access to his or her own Personal Health Information," 5th Annual Health Information Privacy and Security, Insight, Toronto, January 18, 2006.
 
Presenter, "Outsourcing Implications of FIPPA and MFIPPA," Management Board Secretariat annual conference on Access and Privacy, Toronto, October 6-7, 2005.
 
Presenter, "Outsourcing of Personal Information," Privacy Law Update: Current Developments and Practical Guidance, Ontario Bar Association conference, Toronto, September 28, 2005.
 
Co-Chair, "Employee Privacy and the right of access," Lancaster House, Workplace Privacy, Toronto, March 3, 2005.
 
Co-Chair/Presenter, Public Law and Privacy Law, Ontario Bar Association Institute, Toronto, February 3-4, 2005.
 
Presenter, "The Individual's Right of Access to his or her own Personal Health Information," 4th Annual Health Information Privacy and Security, Insight, Toronto, January 17-18, 2005.
 
Presenter,  "Open Justice and Access to Tribunal Records," SOAR / COBA conference, Toronto, November 4, 2004.
 
Moderator, "Personal Health Information Protection Act," Ontario Bar Association dinner, Toronto, October 28, 2004.
 
Chair, "Alternative Service Delivery," Management Board Secretariat Annual conference, Toronto, October 6-8, 2004.
 
Moderator, "Personal Health Information Protection Act," Ontario Bar Association, Toronto, September 30, 2004.
 
Chair, Access and Privacy Training Session for Ontario Government Counsel and Coordinators, Toronto, September 14, 2004.
 
Presenter, "The patient's right of access to his or her own health records," Canadian Institute, Health Privacy, Toronto, June 17-18, 2004.
 
Presenter, "Privacy and Access," Human Rights Commission annual conference, Toronto, June 2, 2004.
 
Co-Chair, "Privacy Commissioners from across Canada" and roundtable discussion, Canadian Bar Association,Toronto, May 18 -19, 2004.
 
Presenter, "The Individual’s Right of Access to his or her own Personal Health Information," 3rd Annual Health Information Privacy and Security conference, Insight, Toronto, May 17-18, 2004.
 
Presenter, "Right of access to one’s own personal information," Ontario Bar Association, Privacy Law, Toronto, May 6, 2004.
 
Presenter, "The Personal Information Protection and Electronic Documents Act’s impact on municipalities," Association of Municipal Clerks and Treasurers of Ontario, Ontario, April 30, 2004.
 
Chair / Presenter, "Outsourcing and privacy," Privacy conference, Canadian Information Exchange, Toronto, April 6-7, 2004.
 
Presenter, "Employee's right of access / correction to his or her own records," Lancaster House, Toronto, February 26, 2004.
 
Co-Chair, Public Law and Privacy, Ontario Bar Association Institute, Toronto, January 29, 2004.
 
Presenter, "Personal Information Protection and Electronic Documents Act Implications" and "Values and Ethics in Public Service," Association of Law Officers of the Crown annual conference, Ontario, October 29-31, 2003.
 
Presenter, Management Board Secretariat annual conference on access and privacy law, Toronto, October 2-3, 2003.
 
Presenter, "The Individual’s Right of Access to his or her own Personal Health Information," 2nd Annual Health Information Privacy and Security, Insight, Toronto, September 29-30, 2003.
 
Presenter, "Privacy Law," Ontario Bar Association Privacy Law, June 11, 2003.
 
Presenter, "Implications of the Freedom of Information and Protection of Privacy Act,"  SOAR tribunal conference, Toronto, May 28, 2003.
 
Co-Chair / Presenter, Ontario Bar Association Privacy Conference, Toronto, May 5, 2003.
 
Presenter, "Privacy Law," Ontario Bar Association Institute, Toronto, March 20, 2003.
 
Presenter, "Employee Privacy," Lancaster House, Toronto, February 27, 2003.

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