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International Law

The Canadian Privacy Law Blog

The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

Post Frequency: 2.3/day

Last Entry: October 07, 2020 at 10:02:01

Privacy Commissioner of Canada establishes Toronto office

Posted on June 19, 2010
Coming soon, to a Toronto near you: the Office of the Privacy Commissioner. A few weeks ago, at the annual Canadian get-together of the International Association of Privacy Professionals (incidentially, also in the middle of the universse), the Privacy Commissioner announced the opening of an office in Toronto to deal with investigations and outreach...

Fading data could improve privacy

Posted on June 16, 2010
A friend passed along this interesting article to me, about a researcher who is looking into technology or methods to allow personal data to "fade" over time. What is describes is similar what I understand most search engine companies currently do with their logs...

Ontario Commissioner releases paper on cloud computing

Posted on June 10, 2010
Ontario Commissioner, Anne Cavoukian, has released a new paper on privacy and cloud computing. Here's a summary: Modelling Cloud Computing Architecture Without Compromising Privacy: A Privacy by Design Approach As the Internet has evolved, we have seen the emergence of ?Cloud computing...

What's new in the anti-spam bill?

Posted on June 09, 2010
Since my redline of the PIPEDA amendments seemed to be of interest to readers of the blog, I thought readers may also be interested to see what has changed between the anti-Spam bill that fell off the order paper last parliamentary session (the Electronic Commerce Protection Act or ECPA) and the new Bill C-28, also known as the Fighting Internet and Wireless Spam Act or FISA...

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Privacy Commissioner tables annual PIPEDA report

Posted on June 08, 2010
The Privacy Commissioner of Canada has tabled her annual report for 2009 addressing PIPEDA. Here's the executive summary: Introduction The dominant theme of our work in 2009 was the protection of privacy in an increasingly online, borderless world. A case in point was the investigation that resulted in more public attention than any other in our Office?s history: Facebook...

New Canadian passports raise privacy concerns

Posted on June 04, 2010
Yosie Saint-Cyr has a very interesting post over at Slaw.ca on Canada's new E-Passports and the privacy concerns they raise: E-Passport a Privacy Concern ? Slaw.

Privacy and the cloud

Posted on May 28, 2010
I was invited to give a presentation to the International Association of Privacy Professionals' annual Canadian Symposium on the topic of privacy in the cloud. For anyone else who may be interested, here is the presentation I gave:

Privacy and law enforcement access to information

Posted on May 28, 2010
I had the great pleasure today of giving a presentation at the Canadian IT Law Association's annual Spring Training event on law enforcement access to personal information. Here is the presentation, though I caution that the new proposed amendments to PIPEDA will tweak some of it...

Markup of Bill C-28 and Bill C-29 Amendments to PIPEDA

Posted on May 27, 2010
Due to popular demand, here's a markup of PIPEDA showing the proposed amendments made by both Bill C-28 (Fighting Internet and Wireless Spam Act) and Bill C-29 (An Act to amend the Personal Information Protection and Electronic Documents Act), via Google Docs...

New anti-spam bill introduced

Posted on May 27, 2010
My head has been spinning with the proposed new amendments to PIPEDA introduced this week so that I haven't really had a chance to focus on Bill C-28 (Fighting Internet and Wireless Spam Act). David Canton has a good summary and introduction over at Slaw: FISA ? new anti-spam bill introduced ? Slaw...

Markup of Bill C-29 PIPEDA Amendments

Posted on May 26, 2010
For anyone who may be interested, I've created a markup of PIPEDA showing the changes proposed by Bill C-29 (first reading). Additions are shown as underlined and deletions are struck out. Here it is.

Facebook revamps privacy controls

Posted on May 26, 2010
Facebook's Mark Zuckerberg has just wrapped up a press conference, responding the massive criticism of Facebook's privacy practices. He has unveiled a simplified framework for controlling the "sharing" of personal information on the site. Here's the official Facebook blog: Making Control Simple | Facebook...

Overview of proposed PIPEDA amendments

Posted on May 26, 2010
I've just posted an overview of the PIPEDA amendments over at slaw.ca Overview of proposed PIPEDA amendments ? Slaw On Tuesday, May 25, the Minister of Industry introduced in Parliament Bill C29, also known as an Act to amend the Personal Information Protection and Electronic Documents Act...

Anti-Spam and data breach notification bills expected next week

Posted on May 25, 2010
According to Michael Geist, the conservative government has given notice that it will table two bills next week. The first is the reintroduction of the Anti-Spam Act, also known as the Electronic Commerce Protection Act. The second, an Act to amend PIPEDA, is expected to add data breach notification...

Breach notification amendments to PIPEDA introduced in Parliament

Posted on May 25, 2010
Industry Minister Tony Clement has tabled legislation to amend PIPEDA, requiring data breach notification. (I haven't seen the text of the bill yet, but will provide a link as soon as I get my hands on it). From the preliminary coverage (Firms not required to inform victims of privacy breach under new rules), it appears the new rules will be the same as Alberta's only requiring notice to affected individuals if the company determines there exists a "real risk of significant harm"...

Clarifying lawful authority in PIPEDA? Really?

Posted on May 25, 2010
The proposed amendments in Bill C-29, An Act to amend the Personal Information Protection and Electronic Documents Act are pretty broad-reaching. One of the provisions I've been anticipating is cleaning up the messy "lawful authority" term used in Section 7(3)...

PIPEDA amendments will expand private sector "collaboration" with police, permit disclosure of personal information

Posted on May 25, 2010
With today's proposed amendments to the federal private sector privacy law, most of the attention has been focused at "breach notification". But there's another very important amendment that seems to be a little below the radar. On this blog, I've had a lot to say about cooperation between the private sector and law enforcement/national security agencies...

New UK government to scale back surveillance

Posted on May 20, 2010
According to the CBC, the new UK government plans to scale back many of the grossly intrusive surveillance measures adopted and planned by the previous government. This includes more closely regulating CCTV, abandoning the national identity card programme and limiting the retention of DNA samples...

Google responds to international Privacy Commissioners

Posted on May 09, 2010
Yesterday, Google responded by letter to the international group of Privacy Commissioners who criticized the company and its information practices. Here's the post from the Google Public Policy Blog, Our letter to data protection commissioners on privacy, and the letter itself...

TSA employee arrested for assault after being teased about what body scanner revealed

Posted on May 09, 2010
With all the fuss over full body scanners in airports, I did not expect this. According to The Smoking Gun, an airport security officer has been arrested after assaulting a co-worker. The spat arose because the accused was imaged in the scanner during a training exercise, exposing all his bits and pieces to his colleagues...

Elizabeth Denham appointed BC Commissioner

Posted on May 08, 2010
Elizabeth Denham has just been appointed as the Information and Privacy Commissioner for British Columbia, replacing David Loukidelis who has assumed the role of Attorney General for BC. Currently the Assistant Privacy Commissioner of Canada, responsible for the administration of PIPEDA, Liz has previously worked in the Information and Privacy Commissioner of Alberta's office...

The (d)evolution of Facebook's privacy policy

Posted on May 03, 2010
The Electronic Frontier Foundation has an ineresting review of key changes to Facebook's privacy statement, ending with this conclusion: Facebook's Eroding Privacy Policy: A Timeline Electronic Frontier Foundation ...Viewed together, the successive policies tell a clear story...

Commissioner can't demand evidence to back-up privilege claims

Posted on April 30, 2010
Dan Michaluk, over at All About Information, has a great summary of a recent case from the Federal Court holding that the Privacy Commissioner of Canada does not have the power to demand evidence to support a claim of privilege, as an exemption to the access principle under PIPEDA...

Social networking for lawyers seminar

Posted on April 30, 2010
Some readers of this blog may be interested in this seminar that I'm giving for the Nova Scotia Barristers Society next week. Those who aren't lucky enough to be in Halifax can attend by webinar: NSBS - Development Lunch & Law: Social Networking in a Global Market Lunch & Law - Social Networking in a Global Market: Marketing Strategies for Lawyers Nova Scotia Barristers' Society - Continuing Professional Development Wednesday, May 5, 2010 12:00 - 1:30 pm CPD Center, Suite 408, 1645 Granville Street, Halifax The Program: New technologies provide a plethora of unique opportunities for lawyers to raise their profiles and reach new clients...

Yahoo privacy boss distances herself from Facebook

Posted on April 30, 2010
It really isn't surprising that companies that are not Facebook are concerned that Facebook's attitude to privacy means that other internet companies are having also big targets placed on their backs. Yahoo privacy boss distances herself from Facebook - The Globe and Mail ...

Amazon refuses to turn over customers' reading records to North Carolina tax department

Posted on April 28, 2010
Tax authorities in North Carolina, in connection with an investigation about sales taxes, has demanded that Amazon hand over information not only about sales to North Carolina residents, but the details of what they bought. This would include information about books and other very personal purchases...

Patriot Act reality check and Canadian authorities' similar powers

Posted on April 28, 2010
I had the honour of being invited to speak to the Canadian Bar Association's Alberta branch earlier this week about cross-border privacy issues. We have had to deal with them rather acutely in Nova Scotia since the passage of the Personal Information International Disclosure Protection Act (PIIDPA), which prompted me to take a closer look at the different regimes for access to personal information by law enforcement and national security types on both sides of the border...

Facebook changes rules for plaform developers; Privacy Commissioner warns of blackmail risk

Posted on April 25, 2010
Quietly, Facebook has changed it policy for developers on the Facebook platform. Under the old policy, platform developers were only able to cache user information for less than 24 hours. Now, that limitation has been lifted. Not surprisingly, Canadian Privacy Commissioner Jennifer Stoddart has something to say about it: Facebook users risk blackmail, privacy czar warns - The Globe and Mail Jacquie McNish and Omar El Akkad Published on Friday, Apr...

Let?s see Canadian transparency in government demands for personal information

Posted on April 23, 2010
My post on Slaw this week: Let?s see Canadian transparency in government demands for personal information ? Slaw Earlier this week, Michel-Adrian Sheppard blogged on Slaw about Google?s new Government Requests Tool (Google Releases Data on Government Requests for Private User Data)...

Google releases Government Requests Tool, showing info and takedown demands

Posted on April 21, 2010
Google has just announced a new "Government Requests tool", which shows graphically how many governmental requests Google and YouTube receive for either user information or to take down content. The background is explained at the Google Public Policy Blog: Greater transparency around government requests...

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