Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Privacy

Canada’s Do-Not-Call Disaster

When Canada's do-not-call list was launched last September, two outcomes were easy to predict.  The first was that the list would prove enormously popular with millions of phone numbers registered in a matter of months.  The second was that Canadians would ultimately be left disappointed with little reduction in unwanted telemarketing calls and concerns about the ability of the Canadian Radio-television and Telecommunications to enforce the law. Four months later, my weekly technology law column (Toronto Star version, homepage version) notes that the do-not-call list contains roughly six million registered phone numbers and, as expected, there are a growing number of Canadians – including Industry Minister Tony Clement – who are expressing misgivings about the potential for abuse.

The problems associated with the do-not-call list fall into three categories. 

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February 2, 2009 28 comments Columns

Facebook’s Chris Kelly on Canadian Privacy Law

The National Post has an interview with Facebook's Chris Kelly, in which he discusses Canadian privacy law and the absence of anti-spam legislation.

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January 29, 2009 Comments are Disabled News

Privacy Commissioner Releases Guidelines for Processing Data Across Borders

In time for Data Privacy Day 2009, the Privacy Commissioner of Canada has released new Guidelines for Processing Data Across Borders.  The guidelines provides background on leading PIPEDA decisions.

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January 28, 2009 Comments are Disabled News

New Brunswick Court of Appeal Rules Fed Court Proper PIPEDA Forum

All About Information posts on a recent New Brunswick Court of Appeal decision that held that the Federal Court is the proper forum for a challenge to the powers of the Privacy Commissioner of Canada under PIPEDA.

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January 28, 2009 Comments are Disabled News

Crystal Ball Gazing at the Coming Year in Tech Law

Technology law and policy is notoriously unpredictable and crystal ball gazing in Canada this year is particularly challenging given the current political and economic uncertainty.  With that caveat, my weekly technology law column (Toronto Star version, homepage version) provides my best guess for the coming months includes the following:

January.  The Copyright Board of Canada releases its much-anticipated decision on the copyright royalties payable by primary and secondary schools across Canada.  The board reduces the fees based on the Supreme Court of Canada’s liberal interpretation of fair dealing, Canada's version of fair use.  At the end of the month, the government's budget includes the expected stimulus package for the auto and forestry sectors, but there is little for the culture and technology sectors.

February. The Canadian Radio-television and Telecommunications Commission kicks off a busy year with its new media hearings.  The positions are by-now well known – cultural groups seek the creation of a new ISP levy and increased regulation of Internet-based broadcasting, while most broadcasters and telecommunications companies support the status quo.

March.  Secret negotiations on the Anti-Counterfeiting Trade Agreement resume in Morocco.  Calls for greater transparency fall on deaf ears as the U.S., Japan, and South Korea urge participants to keep the treaty under wraps and to conclude the draft treaty by year-end.

April.  The U.S. Trade Representative releases its annual Special 301 Report on the status of global intellectual property laws.  Canada once again finds itself in good company as it (along with dozens of other countries) is criticized for failing to pass new copyright reform legislation. 

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January 5, 2009 3 comments Columns