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.

Tuesday, October 26, 2004

Alberta Commissioner welcomes substantially similar finding 

Following the finding by the federal cabinet that the Personal Information Protection Act (Alberta) is "substantially similar to PIPEDA, the Alberta Information and Privacy Commissioner, Frank Work, has released the following statement:

Commissioner welcomes substantially similar finding:

"Edmonton, October 26, 2004

Commissioner Frank Work today welcomed news that Industry Canada has found Alberta's Personal Information Protection Act (PIPA) substantially similar to the Federal Personal Information Protection and Electronic Documents Act.

The substantially similar finding means the provincial law rather than the federal law governs the collection, use and disclosure of personal information by private sector organizations in Alberta. Personal information in the custody or control of private sector organizations as it relates to commercial transactions or activities will be subject to the Act. Personal employee information is also covered by the PIPA.

"This is good news. It gives businesses in Alberta some certainty as to which law governs," says the Commissioner. "The finding enables my Office to make arrangements with the Privacy Commissioner of Canada to coordinate our efforts so that we do not have two Commissioners knocking on the same door, with respect to the same issue," adds the Commissioner.

The PIPA allows the Commissioner to review the decisions of private sector organizations to deny an individual access to their own personal information, or to refuse a request for correction to their own personal information. Individuals may also make a complaint to the Commissioner if they believe their personal information has been collected, used or disclosed without proper authority or without their consent.

The Information and Privacy Commissioner is an independent Officer of the Legislature. The Commissioner's mandate includes overseeing the access and privacy provisions of the Freedom of Information and Protection of Privacy Act, the Health Information Act, and the Personal Information Protection Act."

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