Sinziana Gutiu

Sinziana Gutiu

Sinziana’s practice is largely dedicated to cyber liability and privacy law. She is a leader on the firm’s Cyber Liability team, and regularly advises clients on data breach incident response, coverage matters and regulatory compliance with existing and emerging privacy and access to information laws.

Her practice also involves defending insureds from liability claims, advising on coverage matters, drafting policy wordings and litigating insurance coverage claims in the areas of professional liability, medical malpractice, general liability and other specialty lines of insurance. She has represented clients at all levels of court in British Columbia.

Her experience coupled with her expertise in privacy law uniquely position Sinziana to help clients identify and navigate the legal risks that can arise in cyber liability matters. Sinziana recently gained valuable insight into the regulatory side of cyber practice working at the Office of the Information and Privacy Commissioner for BC (OIPC).

Her work at the OIPC entailed addressing data breach incidents from the regulator’s perspective, conducting investigations and mediations, drafting binding decisions, and participating in stakeholder consultations involving PIPEDA and the European Union GDPR. She is also on the Canadian Advisory Board of the International Association of Privacy Professionals (IAPP) and has an IAPP Certified Information Privacy Professional/Canada (CIPP/C) designation.

Prior to joining Dolden Wallace Folick LLP in 2015, Sinziana was a commercial litigator at a leading international law firm.

PRACTICE AREAS

Sinziana’s dominant practice areas include:

Cyber Liability

  • Working as “breach coach” for insurer cyber programs and as coverage counsel for underwriters on cyber claims
  • Providing coverage advice on first party data recovery and third party claims
  • Revising cyber policy wordings for use in Canada
  • Defending insureds in cyber and privacy breach claims, including:
    • Pre-breach risk assessment
    • Class actions and multi-provincial litigation involving cyber breaches entailing personal information
    • Federal and provincial Privacy Commissioner proceedings in allegations of noncompliance with privacy legislation
    • Post-breach notification to regulators and affected individuals and negotiations with regulators on breach notification
    • Canada’s Anti-Spam Legislation claims before the CRTC

 Professional Liability

  • Defending engineers, architects, geoscientists, quantity surveyors, insurance brokers and other professionals in negligence claims

Medical Malpractice

  • Representing dentists, naturopaths and other providers of medical services and medical procedures in allegations of medical malpractice

SPEAKING ENGAGEMENTS 

  • “Canadian Law Update” – CBA Privacy and Access Law Conference (forthcoming Oct. 2017)
  • “Drones – From a Legal Perspective” – Insurance Institute of Canada (forthcoming Sep. 2017)
  • “What’s Shaping BC Information & Privacy Rights in 2017?” – Keynote at the BC Freedom of Information and Privacy Association Annual General Meeting (Jun. 2017)
  • Privacy in 2017: Lessons from the Courts, Regulators and Legislators” – CBABC Freedom of Information & Privacy Law Section (Feb. 2017)
  • “Social Robots and Privacy: Should we be Concerned?” – ISACA (Feb. 2017)
  • “The Current State of Privacy and FOI: A Legal Update” – CBABC Freedom of Information & Privacy Law Conference (Jun. 2016)
  • “Cyber Liability” – Liability Symposium, Insurance Institute of BC (Mar. 2016)
  • “Privacy and FOI: Statutory and Common Law Rights” – Thompson Rivers University Conference (Feb. 2016)
  • “Cyber Liability: What you Need to Know” – Dolden Wallace Folick LLP firm seminar (Nov. 2015)
  • “Legislative Update” – Great American: Beyond Cyber 101 Conference (Sep. 2015)
  • “Bill C-51 Update” – CBABC Freedom of Information & Privacy Law Conference (May 2015)
  • “The Roboticization of Consent” – Guest Lecturer at University of Ottawa, Faculty of Law (Mar. 2015)
  • “2014 Caselaw Summary” – CBABC Freedom of Information & Privacy Law Section (Dec. 2014)

 PUBLICATIONS

  • “Cyber Risk: Current Landscape of Personal Information and Privacy Liability in Canada” in Advantage Monthly, Insurance Institute of Canada (May 2016)
  • “Roboticization of Consent” in Robot Law, Ryan Calo, Ian Kerr and Michael Froomkin, eds. Edward Elgar (Mar. 2016)
  • “Current Landscape of Personal Information and Privacy Liability in Canada”, Dolden Wallace Folick LLP (Feb. 2016)
  • “Construction Law” in Annual Review of Law and Practice 2015, The Continuing Legal Education Society of British Columbia (Jan. 2015)
  • “The Supreme Court of Canada Affirms Privacy as Anonymity” in Oxford Human Rights Hub ( 2014)

Sinziana Gutiu's practice areas include:

 

Professional Liability

Cyber Liability

Medical Malpractice

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