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.

Search this blog

Recent Posts

On Twitter

About this page and the author

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.

David Fraser's Facebook profile

Privacy Calendar



Subscribe with Bloglines

RSS Atom Feed

RSS FEED for this site

Subscribe to this Blog as a Yahoo! Group/Mailing List
Powered by

Subscribe with Bloglines
Add to Technorati Favorites!

Blogs I Follow

Small Print

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.

Tuesday, December 06, 2005

Spyware, the Sony Rootkit and Canadian privacy laws 

Greg Hagen at blog*on*nymity has some interesting things to say about spyware, the Sony Rootkit and Canadian privacy laws:

blog*on*nymity - blogging On the Identity Trail:

...Spyware is considered to be objectionable primarily because of the notorious lack of adequate consent provisions in accompanying EULAs and installation procedures. Suppose, however, that Sony BMG attempted to modify its EULA and installation procedures in order to accord with Canadian privacy legislation. Among other requirements, Sony BMG would have to ensure that, pursuant to the applicable consent provisions such as PIPEDA Principle 4.3, any collection, use and disclosure of personal information of an individual is obtained with the knowledge and consent of the individual. The question that immediately arises is whether the supply of CDs can be conditioned upon such consent, permitting Sony BMG to thereby circumvent privacy protections.

Principle 4.3.3 of PIPEDA requires that an organization shall not, as a condition of the supply of a product or service, require an individual to consent to the collection, use or disclosure of information beyond that required to fulfill the explicitly specified, and legitimate purposes. Does the collection of personal information by XCP serve a "legitimate purpose?" The Canadian Government's Spam Task Force recommendation to prohibit spyware suggests that the use of XCP to protect copyright is not legitimate. If that is correct, then consent that is a precondition to the supply of CDs should be considered vitiated, and one should be able to use a spyware uninstaller to remove XCP with impunity....

Labels: ,

Links to this post:

Create a Link

This page is powered by Blogger. Isn't yours? Creative Commons License
The Canadian Privacy Law Blog is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 2.5 Canada License. lawyer blogs