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.

Wednesday, July 19, 2006

OPC issues PIPEDA Review Discussion Document 

The Personal Information Protection and Electronic Documents Act provides for a review of the Act every five years by a committee of the House of Commons. Since it came into force in 2001, many have been waiting for 2006 to resolve a number of outstanding questions. While preliminary consultations have been going on by Industry Canada in anticipation of the review, there hasn't been any indication of when the public review would begin.

The Privacy Commissioner of Canada has kicked off the public discussion with the release of a PIPEDA Review Discussion Document, which covers a number of areas where defects and ambiguities have been identified. The document doesn't offer recommendations, but raises questions to be considered by the committe in the following areas:

  • Commissioner’s Powers
  • Consent
  • Disclosure of Personal Information before Transfer of Businesses
  • Work Product
  • Duty to Notify
  • Transborder Flows of Personal Information
  • Sharing Information with Other Data Protection Authorities

The document is relatively brief and does a good job of discussing most of the issues that I expect will be considered by the committee whenever it gets going.

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