The Wire Report has an excellent article on submissions received by the Privacy Commissioner of Canada on PIPEDA reform. Based on information obtained via access to information, the report notes that associations and businesses such as the Canadian Wireless Telecommunications Association and Microsoft warn against further PIPEDA reform.
Post Tagged with: "pipeda"
State Farm Challenges Constitutionality of Canadian Privacy Law
Later this month, the Federal Court of Canada will hear a case in Halifax that threatens Canada's privacy law framework. State Farm Mutual Automobile Insurance Co. is contesting the constitutional validity of Canada's private sector privacy legislation (PIPEDA), arguing it oversteps the federal government's jurisdictional power. My weekly technology law column (Toronto Star version, homepage version) argues that if successful, PIPEDA would no longer apply to thousands of Canadian businesses and new legislation such as the Electronic Commerce Protection Act (ECPA) would be imperilled.
The case stems from a dispute over an insurance claim arising from a March 2005 automobile accident. Gerald Gaudet, the injured party, asked State Farm to provide copies of all names, addresses, and phone numbers of anyone to whom it disclosed his personal information (State Farm had used a private investigator to conduct surveillance on Gaudet). After State Farm refused to disclose the information, Gaudet filed a complaint with the Privacy Commissioner of Canada.
The Privacy Commissioner proceeded to launch an investigation into the case, asking State Farm to provide it with the requested information. The insurance company again refused, leading to the Federal Court case.
State Farm Challenges Constitutionality of Canadian Privacy Law
Appeared in the Toronto Star on April 5, 2010 as State Farm Challenges Canada's Privacy Law in Court Later this month, the Federal Court of Canada will hear a case in Halifax that threatens Canada's privacy law framework. State Farm Mutual Automobile Insurance Co. is contesting the constitutional validity of […]
The Copyright Lobby’s Secret Pressure On the Anti-Spam Bill
As I posted earlier today, the Electronic Commerce Protection Act comes to a conclusion in committee on Monday as MPs conduct their "clause by clause" review. While I have previously written about the lobbying pressure to water down the legislation (aided and abetted by the Liberal and Bloc MPs on the committee) and the CMA's recent effort to create a huge loophole, I have not focused on a key source of the pressure. Incredibly, it has been the copyright lobby – particularly the software and music industries – that has been engaged in a full court press to make significant changes to the bill.
The copyright lobby's interest in the bill has been simmering since its introduction, with lobbyists attending the committee hearings and working with Liberal and Bloc MPs to secure changes. The two core concerns arise from fears that the bill could prevent surreptitious use of DRM and block enforcement initiatives that might involve accessing users' personal computers without their permission.
The DRM concern arises from a requirement in the bill to obtain consent before installing software programs on users' computers. This anti-spyware provision applies broadly, setting an appropriate standard of protection for computer users. Yet the copyright lobby fears it could inhibit installation of DRM-type software without full knowledge and consent. Sources say that the Liberals have introduced a motion that would take these practices outside of the bill. In its place, they would define computer program as, among other things, "a program that has as its primary function…inducing a user to install software by intentionally misrepresenting that installing that software is necessary to safeguard security or privacy or to open or play content of a computer program." This sets such a high bar – primary function, intentional mispresentation – that music and software industry can plausibly argue that surreptitious DRM installations fall outside of C-27.
Even more troubling are proposed changes that would allow copyright owners to secretly access information on users' computers.
Privacy Commissioner Finds Facebook Violating Canadian Privacy Law
The Office of the Privacy Commissioner of Canada has released its long-awaited finding (media release, finding, backgrounder) in the complaint against Facebook on a variety of privacy grounds. The complaint was launched by CIPPIC in May 2008 (note that I am an advisor to CIPPIC but had no involvement in […]
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