PIPEDA and Order Making Power

The deadline for submissions to the Privacy Commissioner of Canada's PIPEDA review consultation passed yesterday (given that I sit on the Commissioner's advisory board I did not enter a submission).  The consultation raises a number of key issues including order making power, reporting mechanisms, and general strengthening of the national privacy law.  While the U.S. Federal Trade Commission may not have formally provided a response to the consultation, they did their talking yesterday as the Commission settled a privacy case involving Xanga, a social networking site.  Xanga, which violated the Children's Online Privacy Protection Act, agreed to pay $1 million to settle the case.  Canadian business is often quick to point to our national privacy law and conciliatory mediated approach to privacy regulation.  My guess is that a million dollar fine and a public shaming would be a far more effective tool in generating privacy compliance.


  1. Fines
    Thats the kind of thing we should have here. Not multi-million dollar fines or anything, but something that does hurt the pocket when there are privacy violations.

    There should be some sort of commission auditors as well. Its no different than any other regulatory audit.

    Most importantly, I think this gov entity should make itself more well known. Too many people haven’t a clue a privacy commissioner exists or that they have privacy rights as outlined on their web site.

  2. Claus Dieners says:

    Operations Manager
    Canada’s privacy law is a farce! Bell Canada publishes everyones telephone number, Name and Address without permision. Not only do they publish without permision, they even CHARGE if you do not want to be listed in their book. The privacy commisioner is too much of a Wimp to even address this simple matter. By the way. Make the White pages opt in and you have also solved the DO NOT call problem since most of the Spam Marketers use the phone book. I for one see no reason why, the phone co. has to publish everyone’s number. So much for privacy.