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.

Saturday, October 08, 2005

Commentary on new international passenger info transfer rule 

As of this week, the US Government requires all airlines, cruise ship companies and others to provide the Department of Homeland Security with detailed passenger information in standard, electronic format. The Practical Nomad notes this new development and offers a strong opinion on the new regulations. While the government may have an interest in obtaining this information, the author is more than a little upset that passengers are required to hand it over to the carriers (which are often unregulated in what they do with the info), who then pass it to the government:

The Practical Nomad blog: USA requires passenger details from international airlines:

"... But that's not what the rule requires: the rule gives travellers no option to provide the required information directly to the CBP. Instead, the rule requires airlines to provide passengers' personal information to the CBP, effecting requiring travellers -- if the airlines are to be able to comply, without which airlines' passengers won't be allowed to travel -- to turn over their information to the airlines as well as the government.

Both the final rule and the PIA entirely ignore the implications of requiring passengers to provide detailed personal information to, at a minimum, airlines (and, in most cases, other companies such as Computerized Reservation Systems (CRS's) and travel agencies), under government order, without imposing any restrictions whatsoever on the ability or authority of the recipient airlines and other companies to use, rent, or sell the information that passengers will be forced to give them, without any requirement for notice or consent. This government-compelled transfer of rights in personal data to unregulated private entities is the real violation of privacy rights in the new rule...."

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