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, December 15, 2005

'Tis the season for returns 

Chris Hoofnagle at EPIC West is today discussing the use of drivers' license swiping and returns tracking database Verify-1. The database tracks your returns and categorizes customers based on whether they "abuse" returns. He raises an interesting point about the database and how it may fit in American consumer reporting laws:

EPIC West: Electronic Privacy Information Center West Coast Office: Return Exchange Database Tracking:

... The Return Exchange database skates right on the edge of the Fair Credit Reporting Act's definition for a consumer reporting database. If Return Exchange is sharing data on consumers across retailers (not just across chains within a certain retailer), the data it issues will be a 'consumer report,' and all sorts of rights will kick in to protect shoppers. Until then, a big black box system will have your driver's license data and make decisions about you with no transparency. ...

The same conclusion may apply with respect to similar provincial laws in Canada.

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