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.

Friday, June 16, 2006

Tory backbencher introduces bill to criminalize pretexting 

Conservative backbencher James Rajotte has introduced a private members' bill, Bill C-299: An Act to amend the Criminal Code, the Canada Evidence Act and the Competition Act (personal information obtained by fraud). It is intended to criminalize pretexting and obtaining personal information by fraud. Here's a summary:


This enactment amends the Criminal Code to create the following criminal offences:

(a) obtaining personal information from a third party by a false pretence or by fraud;

(b) counselling a person to obtain personal information from a third party by a false pretence or by fraud; and

(c) selling or otherwise disclosing personal information obtained from a third party by a false pretence or by fraud.

It also amends the criminal offence of “personation with intent” to include fraudulent personation with intent to obtain any record containing personal information about a third party.

As well, the enactment amends the Canada Evidence Act to prohibit the admission into evidence of any personal information obtained by fraud, false pretence or fraudulent personation.

Finally, it amends the Competition Act to

(a) characterize the business of fraudulently obtaining personal information as an illegal trade practice;

(b) characterize the promotion of a product that is provided by means of fraud, false pretence or fraudulent personation as a false or misleading representation to the public; and

(c) provide for the recovery of damages from corporations within Canada affiliated with corporations outside Canada that have obtained personal information from third parties in Canada by fraud, false pretence, or personation.

Whether it will have any legs is anyone's guess.

Thanks to Michael Geist for the link:

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