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, October 21, 2005

PIPEDA Case Summary #315: Web-centred company's safeguards and handling of access request and privacy complaint questioned (August 9, 2005) 

The Office of the Privacy Commissioner just released a finding related to a free e-mail provider's PIPEDA compliance, particularly with respect to access, security and challenging compliance. The complainant thought her estranged husband had been accessing her e-mail and was responsible for changing her password on a number of occasions. Trying to deal with customer service people at the e-mail provider proved fruitless and the Assistant Commissioner found that the company was not in compliance with Principle 10 of PIPEDA, which requires that any complaints be escalated to the company's privacy officer. The Assistant Commissioner also concluded that the IP address of the person who had been resetting her password might be information about a third-party, but the company could release it to the complainant becuase it could not be linked to a third-party without the assistance of the ISP involved. Finally, the Assistant Commissioner concluded that the company could not be faulted for inadequate security because the customer didn't follow the instructions to make her own password and "personal question" more secure. Read the full finding here: Commissioner's Findings - PIPEDA Case Summary #315: Web-centred company's safeguards and handling of access request and privacy complaint questioned (August 9, 2005).

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