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.

Saturday, November 13, 2004

Documents sent for shredding left blowing around in Toronto 

The Toronto Star is carrying a story in today's edition that raises real concerns for those who entrust shredding companies to safeguard and securely destroy documents. The article refers to allegations that have arisen in a bitter lawsuit that document destruction company's subcontractor left sensitive documents unsecured and blowing in the winds.

Canada's federal privacy law, the Personal Information Protection and Electronic Documents Act, places the obligation of security on the company that collects the information (in this case, the bank, insurance companies and the like); this is an obligation that carries over into secure destruction. While they may have relied on the contractors to do the job, there is a risk that liability may attach to the original custodians for the failures of the contractors. Legal liability may be secondary, however, to the damage that can occur to a company's reputation if its sensitive customer information is left vulnerable to indentity theft and other risks. From the article in the Star:

Confidentiality gets shredded: Businessman says documents were `just blowing around:

"Case highlights threat to privacy, writes Tyler Hamilton

A courtroom feud between two local paper-shredding companies has triggered allegations that confidential customer records from Canada's major banks were mishandled or lost on their road to destruction.

The allegations, which have not been proven in court, have focussed attention on the paper disposal practices of the country's largest corporations, and highlight the risk of placing sensitive financial documents in the hands of third-party contractors in an age when identity theft runs rampant...."

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11/13/2004 10:48:00 AM  :: (1 comments)  ::  Backlinks
Comments:
When will the Privacy Commissioner address this serious breach of privacy?
 
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