The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Monday, January 26, 2004

Article: Lawyers weigh privacy act 

Today's Globe and Mail has an article on the difficulty that lawyers have in implementing PIPEDA in their own practices.

"Like other private businesses, law firms across Canada are now subject to Ottawa's personal information and privacy legislation. However, even lawyers are stumped by some requirements of the law."

And it quotes a good friend, Jenny Gray:

Jennifer Gray, an associate lawyer with Patterson Palmer in Halifax, says "we are doing largely the same thing for many clients as we are for the firm: understanding the legislation, developing privacy compliance policies and procedures, and looking at all our obligations."

While Ms. Gray thinks the legislation may be less onerous for law firms -- which are already responsible for the "caretaking" of client information -- she cites a lack of clarity in the law. "Given its newness for the private sector, the legislation has not been interpreted by the courts, so it is difficult to put policies and procedures in place when we don't know what position the Privacy Commissioner might take in any given circumstance."


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