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.

Tuesday, July 11, 2006

Ramasastry on outsourcing, identity theft and fraud 

I have linked before to Anita Ramasastry's columns on FindLaw, which are always interesting. But if you have any involvement in advising companies about outsourcing, this one is a very interesting read.

FindLaw's Writ - Ramasastry: Risky Business? How Multinationals' Outsourcing Involving Customer Data Can Lead to Identity Theft and Other Fraud

As I have detailed in several columns for this site, many security breaches and data thefts have recently occurred at companies and government agencies within the United States. In this column, I'll turn to another related, and also worrisome data security problem: Thefts of personal data that occur overseas or "offshore," as major American corporations outsource their data processing and customer service operations to other countries to cut costs.

I'll inquire whether U.S. customers have any legal recourse if they are victims of identity theft resulting from these security breaches. In addition, I'll argue that Congress should take a hard look at this problem - but I'll also suggest that, in the end, self-regulation by the multinationals that are outsourcing the data may be the best solution.

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