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.
Wednesday, April 14, 2004
Today's Toronto Star has a very interesting article that highlights something that I have been trying to emphasizes to my clients for some time: the most important thing that a business must do to comply with PIPEDA and to avoid complaints is to communicate with its customers. Principle 2, from the CSA Model Code, requires a business to take reasonable steps to bring to an individual's attention the purpose for which information is being collected. This communication forms the foundation for the "knowledge and consent" that are required under "Principle 3 - Consent". Many commentators emphasize that PIPEDA is about consent, but this consent has to be based on the identification of purposes. If you tell you customers what you propose to do, there won't be any uncertainty or confusion and, therefore, the business is much less likely to get a complaint.
The law requires businesses, large and small, to put systems in place that will make sure customer information is secure, accurate, gathered with consent and not used beyond a stated purpose.
Heather Black, assistant federal privacy commissioner, said Canadians are taking advantage of their newfound privacy rights but many businesses, when asked to explain how and why they collect and use customer information, aren't providing adequate answers.
'When people ask why they're being asked for this information, they're not getting very satisfactory responses,' said Black. 'So it really is a communications gap.'
The commission began noticing this trend in January, specifically in the retail sector. Black said a number of people have filed complaints against certain retail outlets that require customers to provide their names, phone numbers and addresses when goods are returned for refund or exchange."
Labels: information breaches
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