Important court decision on legal privilege in cyber incident response

The Ontario Divisional court just delivered a decision that is a must-read for lawyers practicing in the area of cybersecurity incident response. The Information and Privacy Commissioner of Ontario demanded that LifeLabs turn over forensic and other reports related to a ransomware incident, over which LifeLabs claimed privilege. On judicial review, the Divisional Court agreed with the Commissioner and upheld the order that they were not privileged.
The Ontario Divisional Court decision is here: LifeLabs LP v. Information and Privacy Commr. (Ontario), 2024 ONSC 2194 canlii.ca/t/k4bqw
Where you can find me:
► Privacylawyer blog: blog.privacyla...
► My law firm: www.mcinnescoo....
► Twitter: / privacylawyer
► LinkedIn: / davidtsfr. .
Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel.
All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.

[@Adam.Smith411]

Very interesting. Thank you David.

[@andrewj464]

Than you for the interesting and insightful legal breakdown, as always.

[@brucetattrie7341]

Thanks for doing this excellent overview David. Going to be very exciting to see what happens on appeal, and in the next few cases.

[@Don.Challenger]

Wouldn't the privilege (the incident/case related legal advice discussions and legal/litigation risk analysis and mitigation discussions) revolve about the recommendations relating to the facts, leaving the bare facts and their relationships disclosable and therefore these privileged and disclosable threads both separable? I don't think the accounting of litigation costs are much subject to privilege.

[@handle11141]

My man 🥹