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.

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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, June 25, 2005

Dutch Supreme Court Considering User Privacy Issues 

Thanks to Gerry Riskin for pointing this out to me ...

Techdirt is reporting on a fight between the recording industry and Dutch ISPs that parallels the recent Canadian CRIA case (see The Canadian Privacy Law Blog: The new test for disclosure of identities after BMG v John Doe):

Techdirt:Dutch Supreme Court Considering User Privacy Issues:

"Contributed by Mike on Friday, June 24th, 2005 @ 12:18PM

from the anonymity?--no-such-thing... dept.

Last month, we noted that Dutch ISPs were fighting in court against the entertainment industry who wanted them to hand over names of people associated with IP addresses that were seen on file sharing networks. The ISPs argued that handing over the information was a violation of their customers' privacy. In a separate case, (but which was also funded by the entertainment industry) a stamp collector tried to get Lycos to turn over the names of people using their forums who had spoken negatively about them. Lycos, again, pointed out that this would be a privacy violation. That case is now in the Supreme Court and a 'neutral' advisor to the court has urged the Justices to require Lycos and other ISPs to cough up the names based on a fairly low threshold as the test. It remains to be seen if the Supreme Court follows this recommendation, but it could be yet another way that anonymity online gets chipped away. "

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