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.

Thursday, February 17, 2005

Geist: Revise privacy law to protect public, not offenders 

Michael Geist, in his latest Toronto Star column, argues that PIPEDA should be amended in line with California's example that requires companies to notify customers if the security of their personal information has been compromised: - Revise privacy law to protect public, not offenders:

"... Recognizing that companies have an incentive to keep privacy and security breaches private, the State of California has adopted a law that requires organizations to publicly disclose privacy breaches to their customers. Although opposed by business, the law, known as SB1386, has proven wildly successful since its enactment just over 18 months ago.

The law requires companies and agencies that do business in the state, or possess personal information of state residents, to report breaches in the security of personal information in their possession. Companies must act quickly, notifying customers in writing, electronically, or by prominently posting the information on their website.

The law's impact on business practice has been dramatic. The State's Office of Privacy Protection recently surveyed California companies and found that 76 percent of surveyed companies changed their communications polices as a result of the new law; about one third of the surveyed companies changed security procedures; and almost half changed the way they used social security numbers (the U.S. equivalent of Canadian social insurance numbers)..."

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