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.
Sunday, May 14, 2006
One of the most commonly identified "defects" with PIPEDA is that it does not contemplate and efficiently handle the disclosure of personal information in connection with the sale of a business, including pre-sale due diligence. This complaint dealt with the sale of a dentist's practice before the Ontario health information privacy law came into effect and was declared to be "substantially similar" to PIPEDA.
In this particular case, the complainant was given a "consent form" that contemplated that patient records may be disclosed in connection with the sale of the dental practice. It is not clear what the form actually said and whether it purported to obtain patients' consent. (Again, we have a situation where the lack of full detail in the summarized finding makes it very difficult to pull out best practices for the future.)
The Commissioner determined that the disclosure of certain patient records in connection with pre-purchase due diligence in this case was not contrary to PIPEDA. She reasoned:
Does this mean that a company that is not "subject to numerous regulations concerning privacy" can't disclose customer information as part of the sale process? I don't know.
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