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.

Wednesday, April 20, 2005

Privacy from the trenches 

Scott Granneman, in The Register, joins the chorus of those calling for stronger privacy laws in the United States:

Privacy from the trenches | The Register:

"... I hate to involve the government unless it's necessary, but I think something's got to give here. We can't rely on companies, schools, and organizations policing themselves. That's obviously a terrible failure. We need federal legislation to mandate that organizations that experience data thefts must notify those affected by the breach in a timely manner. As Mark Rasch stated earlier this week, recent legislation was passed that requires this for all financial institutions in the U.S., but all other companies are still off the hook. Right now, a few states have such a law -- California is one, which is why ChoicePoint even had to make its embarrassing revelation in the first place -- but there is no federal, all-encompassing requirement for anything but financial institutions (and even that law is very recent). This needs to change, and soon. Other states have proposed legislation, but it varies from state-to-state. A new federal law would be a great start. Right after that, a few class-action lawsuits against particularly egregious carelessness might also wake companies and schools up to the necessity of protecting data. Again, I don't like bringing in the lawyers, but to paraphrase the great Dr. Samuel Johnson, 'Depend upon it, sir, when a man knows he is to be sued in a fortnight, it concentrates his mind wonderfully.'..."

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