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

Alberta Privacy Commish Approves U of A Switch to Gmail

Alberta Privacy Commissioner Frank Work has granted approval to the University of Alberta to use Google's Gmail service.

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April 13, 2010 2 comments News

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.

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April 5, 2010 6 comments Columns

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 […]

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April 5, 2010 Comments are Disabled Columns Archive

Privacy Commissioner of Canada on Cloud Computing

The Privacy Commissioner of Canada has released a report on cloud computing, pointing to many areas that raise potential privacy concerns.

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March 30, 2010 Comments are Disabled News

Parliamentary Restart Offers Chance to Prioritize Digital Agenda

Parliament resumes this week with the Speech from the Throne today following the unexpected – and unexpectedly contentious – decision by Prime Minister Stephen Harper to reset the legislative agenda through prorogation.  The House of Commons may have been quiet but my weekly technology law column (Toronto Star version, homepage version) notes the calls for a national digital strategy have grown louder in recent months.  Last week, the International Telecommunications Union issued its annual global measurement of the information society, which served again to highlight Canada’s sinking global technology ranking.  Canada ranked 21st (down from 18th in 2007) in its ICT Development Index, which groups 11 indices including access, use, and technology skills.  

Canada’s sliding global ranking reflects 10 years of policy neglect.  Other countries prioritized digital issues while leaders here from all parties have been content to rest on the laurels of the late 1990s, only to wake up to a new, less-competitive reality in 2010.

Industry Minister Tony Clement has spoken frequently about the need for a national digital strategy, but concrete policies have been slow in coming.  The parliamentary restart presents another opportunity for action.  Given the failure to date to articulate a comprehensive digital strategy, perhaps a different approach might work. Following the Speech from the Throne and the budget, there will be about 100 days until the summer break.  Clement could set a series of realizable targets during those 100 days.  Such targets would not solve ongoing concerns regarding the competitiveness of Canada’s wireless sector or the findings that Canadians pay higher prices for slower Internet speeds than consumers in many other countries, but some momentum could be gained and some quick wins achieved.

A 100-day digital agenda could have four components: new laws, new initiatives, new enforcement, and new policy development.

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March 3, 2010 1 comment Columns