Kirsten Thompson is Counsel in our Litigation Group in Toronto. She has a general commercial practice with a focus on providing privacy, data security, information governance and e-discovery advice to clients in a wide variety of industries.
Ms. Thompson advises on the informational elements of business transactions and helps clients manage information crises such as data breaches, investigations and class actions. She assists clients navigating the legal and privacy requirements of new products and technologies, as well as provides compliance advice both within and across jurisdictions. She also assists clients in developing policies and practices around social media, surveillance, biometrics, marketing and telematics, including conducting privacy audits and information governance risk assessments. Prior to joining the firm, she was in house counsel at a technology company where she was responsible for both the business and legal aspects of information management.
· Advised both provincial and national employers on HR privacy issues, including employee records issues, recruitment and screening issues, employee drug and alcohol testing, workplace surveillance (including the use of biometrics, CCTV, and location-based tracking (GPS), as well as traditional methods) and technology management issues such Bring Your Own Device policies and information security.
· Conducted a privacy audit of the Canadian operations of a North American publicly traded (TSX) provider of technology solutions and services, including developing an enterprise-wide records retention policy.
· Retained by a US publicly traded (NASDAQ) information, analytics and marketing services provider to provide advice in respect of an expansion of a service into Canada.
BUSINESS TRANSACTIONS, TECHNOLOGY AGREEMENTS, AND POLICIES
· Advised a US-based acquiring corporation about the management and integration of Canadian personal information held by the target corporation; also conducted due diligence of a target corporation's privacy and information governance practices.
· Advised a gaming corporation on data security and privacy issues related to contracts with private service providers for the day-to-day operation of casinos.
· Advised a health care facility on the information and data security issues arising in the context of an agreement with a third party health care application developer.
· Reviewed and/or drafted employer policies on privacy, acceptable computer use, Bring Your Own Device, social media, data and records retention and surveillance.
BEHAVIOURAL AND ONLINE MARKETING
· Advised a technology company on legal and privacy considerations in respect of providing geo-fencing services to retailers.
· Advised an international client on best practices regarding the recording of customer calls in and across multiple jurisdictions, and the storage and use of such recordings.
· Advised an entertainment services company on the information management and sharing practices for a customer loyalty program across multiple providers.
CRISIS MANAGEMENT, LITIGATION AND E-DISCOVERY
· Advised retailers, credit agencies and health information custodians in respect of data breaches, including managing the breach, drafting notices and notifications, responding to privacy commissioners, assisting with investigations and post-event debriefing.
· Initiated and defended against Freedom of Information and Access to Information requests in multiple jurisdictions and advised clients on the strategic use of access regimes in pre-litigation.
· Drafted and negotiated numerous e-discovery plans, as well as advised clients on implementing litigation holds, e-discovery plans, and management of privilege issues.
Ms. Thompson regularly speaks and writes on substantive matters of law and procedure, as well as being a regular contributor to a variety of legal and popular magazines. Her publications have been cited by the Supreme Court of Canada and the Quebec Superior Court.
Ms. Thompson received her LL.B. from Queen's University, where she graduated with a number of awards and distinctions, and her LL.M. from Osgoode Hall Law School. Prior to obtaining her law degrees, she obtained her B.Sc. from the University of Calgary and her B. Journalism (Hons.) from Carleton University.
Ms. Thompson was called to the Ontario bar in 2000. She is a member of the Canadian Bar Association, the Advocates' Society, International Association of Privacy Professionals, the Guild of Sommeliers, and is on the Board of Directors of Pride at Work Canada.