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, July 21, 2005

Bank Lawyer's Blog: The High Price of Privacy Breaches 

The Bank Lawyer's Blog has some things to say about the latest CardSystems news, not surprisingly from the perspective of a bank's lawyer:

Bank Lawyer's Blog: The High Price of Privacy Breaches:

"...A couple of obvious points: (1) make certain that the bank's contracts with payment processors contain provisions that meet not only the privacy and security requirements of the law (for example, those imposed by Gramm-Leach-Bliley and its implementing regulations), but the privacy and security requirements of other interested parties that might be imposed upon the bank and its contractors, such as VISA and Amex, and that permit the bank to terminate in a timely manner the processing agreement for a breach of those obligations; and (2) that even though a bank builds obligations into the contract, ongoing monitoring by the bank and/or a third party (such as an annual SAS 70 audit), is an essential part of a vendor management program.

This incident also demonstrates that 'reputational risk' is real. The processor retained and used 'for research purposes' personal data that it had agreed not to retain and use. Existing and future customers will have to consider carefully whether such an organization is to be trusted not to renege on its obligations in the future. That's an ugly fact of life...."

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