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.
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.
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, February 28, 2006
Thanks to a reader who passed this along ...
According to the Philadelphia Inquirer and the Associated Press, a US Federal judge has struck down Pennsylvania's requirement that prospective firearm purchasers provide their social security numbers. The PA law was found to violate the US federal Privacy Act. Here's the gist:
Philadelphia Inquirer 02/28/2006 Judge rejects Pa. gun-buying terms
...Sanchez's ruling noted that the right of privacy as to Social Security numbers exists under a federal law, not as a right the U.S. Supreme Court had interpreted as protected by the Constitution.
Still, Robert Ellis Smith, publisher of the Privacy Journal in Providence, R.I., said yesterday's ruling was "significant because it comes at a time when most government agencies are requiring more and more information from people."
"The decision is part of a trend in the last 10 years as courts realize the importance of keeping Social Security numbers confidential because of identity theft," Smith said. Smith, who is also a lawyer and journalist, was a paid expert for Michael Stollenwerk, the retired Army officer who brought the case in federal court in Philadelphia.
Stollenwerk said yesterday he hoped the ruling would inspire others to challenge government demands for Social Security numbers. He also said he hoped it would encourage local and state officials to review application requirements.
"A lot of state governments have blown off this law," said Stollenwerk, now a law student at Georgetown University. "I think someone had to stand up to the government and say, 'I'm going to challenge this.' "
Stollenwerk, 42, has pressed the matter on gun permits in other states, he said. In California, without going to court, he said, he was able to convince state authorities that their gun-purchase law violated the Privacy Act. In Virginia, he said, he was victorious in state court....
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