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.

Friday, July 01, 2005

Alberta Commissioner finds that local library had no authority to use keystroke logging software 

The Alberta Information and Privacy Commissioner has concluded that a local library did not have authority to install keylogging software on an employee's computer:

Commissioner finds that Parkland Regional Library had no authority to collect personal information using keystroke logging software:

"The Parkland Regional Library installed keystroke logging software on the computer of an information technology employee, unknown to the employee. The employee complained that this collection was not permitted under the Freedom of Information and Protection of Privacy Act (the 'Act'), and that the collected information had not been adequately protected by the Parkland Library.

The Parkland Library relied on section 33(c) of the Act, which permits collection of information that relates directly to and is necessary for an operating program or activity of a public body. It argued that the collected information was necessary to manage the employee, based on concerns about his productivity, and his use of his working time.

The Commissioner found that the Parkland Library did not have the authority under section 33 of the Act to collect the Applicant's personal information that it collected through keystroke logging and noted that less-intrusive means were available for collecting information needed for managing the employee. However, the Commissioner did not accept the Applicant's argument that the collected information had not been adequately protected."

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