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, September 08, 2006

Definition of personal information muddies privacy law 

The London Free Press, which is also the source of David Canton's great technology law column, is also running an interesting commentary on an issue that didn't make it into the Privacy Commissioner's proposed topics for discussion in connection with the PIPEDA review:

London Free Press - Business - Definition of personal information muddies privacy law:

... Several OPC decisions on when photos and video recordings become personal information have been inconsistent, so some businesses are unsure whether some aspects of their work put them at risk.

This leads to a tangential question: Do we need a separate definition for 'business information'?

Intuitively, one might think a business e-mail address is a logical extension of a business employee's name, title, address and phone number -- information exempt from PIPEDA, according to the definition of personal information. The assistant commissioner, however, in decision No. 297, declared it 'personal information' because it was not included in the list of business information under this definition....

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