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.
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.
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, April 12, 2004
In today's National Post, Howard Levitt, counsel to Lang Michener, takes a pretty aggressive stand with respect to PIPEDA. His sentiments about the constitutionality are shared by others, but I was surprised to read that he suggests ignoring PIPEDA. Most privacy lawyers with whom I speak are of the view that PIPEDA should be followed until it is declared to be unconstitutional:
"4. Privacy legislation applies across Canada.
The federal privacy legislation constitutionality provided that, if similar legislation was not passed in each province by January 1, 2004, the federal legislation would apply provincially. Many provinces, including Ontario, have not yet passed Privacy Acts. However, virtually everyone is conducting themselves as if the federal privacy legislation applies. It does not. Despite the wording of that legislation, the federal government lacks the constitutional power to impose privacy legislation on the provinces and no attempt to do so would survive legal challenge. Therefore, contrary to seemingly everyone's belief, there is presently no effective, binding privacy legislation in most of Canada."
This is very aggressive and, at least to this point, many Courts have been applying PIPEDA without hesitation. It is true that the federal government has no constitutional way to regulate the provincially regulated workplace, but PIPEDA does not purport to operate there.
Labels: information breaches
The Canadian Privacy Law Blog is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 2.5 Canada License.