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.

Sunday, February 12, 2006

Municipal bylaws mandating police database for used goods vendors OK'd by the Courts 

I posted a little while ago about a new trend of pawnshops being required to collect customers' personal information for inclusion in a police database (See The Canadian Privacy Law Blog: Database on sellers of used goods upsets Ontario Privacy Commissioner). We now have a measure of resolution to the legal controversey.

Two different used-goods vendors in two different provinces went to the courts to challenge two bylaws of this sort. Cash Converters in Oshawa, Ontario and Royal City Jewellers & Loans in New Westminster, BC each sought relief before the courts of their respective provinces. Both were shot down. Not too surprisingly, the argument that the bylaws are contrary to the federal privacy law, PIPEDA, and the BC equivalent, PIPA, did not hold water. Both laws allow collection of personal information without consent when, required by law. Even a municipal bylaw satisfies that requirement.

This isn't the end of the debate, as both companies are considering appeals. And, the political debate will continue. Just because it is legal doesn't necessarily make it uncontrovertial. From the Toronto Star: - Courts okay database bylaw

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