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, August 18, 2005

PIPEDA Case Summary 310: Commissioner initiated complaints against Internet pharmacies 

The Office of the Privacy Commissioner has just released the summary of a new finding. This is the first time that I can remember where the complainants have asked to remain anonymous and the Commissioner proceeded to initiate a complaint of her own accord, as is provided for under PIPEDA. In this case, a number of residents of the United States complained that a Canadian-based internet pharmacy had unlawfully disclosed their personal information without consent to two American companies, who used the information without consent. The disclosure, which was by unauthorized employee activity, took place before 2004 and the Assistant Commissioner concluded she was without jurisdiction to issue a finding in that regard. Though the companies that acquired the lists did so without notice that it was purloined, the use was still without consent and the Assistant Commissioner concluded that portion of the complaint was well founded. Read the full finding on the Commissioner's website here: PIPEDA Case Summary #310: Commissioner initiated complaints against Internet pharmacies.

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