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.

Saturday, January 03, 2004

Article: Nothing's sacred ... nor secret 

Below is a link to an interesting article from San Francisco about the connection between security and privacy. The author describes some recent incidents that empasise the role of security in protecting privacy. The first incident shows how identity thieves may target inadequately secured computers that contain sensitive personal information: Nothing's sacred ... nor secret, with thanks to BankingInfoSec.com for the link.

An article in the Register.co.uk discusses lessons to be learned from the theft of a bank's laptop containing customer account information. Though it is pretty specific to the banking indsutry under California law, the author's conclusion is rather clear:

Companies ... should remember that they are mere fiduciaries of other people's money, information and privacy, and do the right thing to protect it in the first place. And they should notify consumers promptly if the information is compromised, and help their customers fix any problems that result from the potential breach. It may not be the law, but it's a good idea.

Under PIPEDA, organizations are responsible to safeguard pesonal information against accidental or malicious access, destruction or disclosure. There appears to be no obligation to inform customers about such a breach, the moral imperative is clear. In addition, disclosure will provide customers the opportunity to mitigate any harm that an accidental disclosure may result in.

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