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.

Friday, January 02, 2004

Welcome to the Canadian Privacy Law blog 

This is the inaugural entry in the Canadian Privacy Law blog ... Something that I hope will be a useful spot for reporting developments in Canadian Privacy Law. And now a word about me: I'm a lawyer practicing privacy law at Atlantic Canada's largest single law partnership, McInnes Cooper. My "official biography" is at, if you are curious. Of course, any stuff I post on this blog is not an official statement of McInnes Cooper, nor is it any sort of legal opinion. I've decided to create this blog because Canadian privacy law is in a period of rapid transition and transformation. As of January 1, 2004, the Personal Information Protection and Electronic Documents Act (aka PIPEDA or the PIPED Act) began to apply to every organization that collects, uses and discloses personal information in the course of commercial activities in Canada, except in those provinces that have legislation that deemed to be substantially similar. At the moment, only Quebec's law has been deemed to be substantially similar. PIPEDA has been around for a little while; it began to apply to "federal works, undertakings and businesses" on January 1, 2001. Though it isn't exactly new, many of its principles remain untested and many key terms are not satisfyingly defined. For example, PIPEDA requires consent for the collection, use and disclosure of personal information and that consent has to be commensurate with the sensitivity of that information. The thresholds for opt-in, opt-out, express and implied consent are relatively untested. Therefore, anyone who wants to fully understand the law needs to keep up to date on developments at the Office of the Privacy Commissioner and the Federal Court of Canada. I hope to post links on this site to recent findings, decisions and articles on the privacy law. I'll even throw in some of my own thoughts, for good measure. As a preliminary matter, below are a bunch of articles that I've written on the topic of Canadian privacy law that may be of asstance to those trying to find their way through PIPEDA: I hope this is useful to those interested in Canadian privacy law.


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