Last week I posted about Canada.com's email privacy FAQ that claimed that PIPEDA no longer applied once data was sent to the U.S. Canada.com has now updated its FAQ and removed the references to PIPEDA and teh suggestion that the Canada.com privacy policy no longer applies.
Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh
Privacy
Canada.com and Email Privacy
Several people have written over the past couple of weeks to call attention to the privacy implications of the Canada.com FAQ. The FAQ asks the question about where Canada.com email account information will be stored with the answer that:
canada.com e-mail (the "Service") is provided by Velocity Services, Inc. ("VSI"), a company located in and conducting its business from the United States. By registering for and/or logging on to the Service, you accept and acknowledge that the information processed or stored outside of Canada may be available to the foreign government of the country in which the information or the entity controlling it, is situated under a lawful order made in that jurisdiction and no longer falls under the jurisdiction of Canada's Personal Information Protection and Electronic Documents Act ("PIPEDA") nor be subject to canada.com's Privacy Statement.
As David Fraser rightly notes "I'm pretty confident that you can't wave a magic wand and say that PIPEDA no longer applies."
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