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.

Monday, November 01, 2004

BC Privacy Commissioner's report leads to questions in Australia 

The recent report by the BC Privacy Commissioner on privacy and outsourcing to US-controlled companies has led to questions in Australia:

Australian IT - US law raises privacy worries :

"THE South Australian Government has promised to review the access of US outsourcer Electronic Data Systems to information on citizens in the wake of a Canadian government report finding a 'reasonable possibility' of unathorised disclosure by US outsourcers to US government agencies.

A spokesman for Administrative Services Minister Michael Wright, who oversees the EDS whole-of-government outsourcing contract, said the the Government was 'taking the issue seriously'.... "

As alluded to above, much Australian government data processing is done by EDS. A related story, from Yahoo News, includes a statement from EDS that there has been no disclosure of Austrialian personal information to US authorities under the USA PATRIOT Act:

EDS denies breaching Privacy Act

"... The company's managing director Chris Mitchell says EDS is a corporate citizen and it complies with the Privacy Act of Australia.

"The US Government would have to talk to the Australian Government about superseding the laws of the land, that's all I can say," he said.

Mr Mitchell says the data for the Federal Government's accounts are dealt with in Australia and some other clients' data is processed offshore, but only with their agreement...."

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