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.
Sunday, November 07, 2004
The Canadian Internet Policy and Public Interest Clinc (CIPPIC) has complained to the Privacy Commissioner of Canada against an American company that harvests databases and public records to produce reports that include, in some cases, supposed psychosexual profiles. Accusearch (d/b/a/ Abika.com), which a takes a dim view of "privacy fanatics", is said to aggressively mine databases to produce their background checks, physchological profiles and the like.
CIPPIC, in its complaint filed in June, is alleging that Abika is collecting, using and disclosing the personal information of Canadians without consent, in violation of PIPEDA. The complaint also alleges that Abika violates the accuracy principle of PIPEDA by producing inaccurate reports.
This complaint is likely important in that the Commissioner will be forced to consider whether the activities of a US company, operating in the US, may violate PIPEDA. Of course, the next question is whether the Commissioner or the complainant can do anything about it.
For more info, see the Canadian Press report: Yahoo! News - U.S. firm's sale of personal data about Canadians sparks complaint.
The following is from the CIPPIC website, including a link to their complaint.
Update: On the first version of this posting, I mistakenly attributed the complaint to the Public Interest Advocacy Centre.
Abika.com (June 9, 2004)
After researching this online private investigation service, CIPPIC filed a complaint with the federal Privacy Commissioner alleging that the company's entire service is based on fundamental and widespread violations of privacy legislation. Abika.com collects often highly sensitive personal information from various sources, and sells it to anyone willing to pay the associated fee.
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