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, December 01, 2006

CIPPIC calls for major changes to PIPEDA 

Again on the topic of the PIPEDA review, the Canadian Internet Policy and Public Interest Clinic (CIPPIC) has released its written submission to the Parliamentary Committee on Ethics, Access to Information and Privacy. Not surprisingly, they are calling for some major changes:

We therefore propose a number of amendments designed to clarify rights and obligations, to close gaps, and to give the regime the "teeth" it is clearly lacking. Such amendments include:
  • giving the Commissioner (or an associated Tribunal) order-making powers;
  • reducing barriers to the enforcement of PIPEDA rights via Federal Court;
  • permitting class actions under PIPEDA;
  • providing for punitive as well as compensatory damages in court;
  • mandatory naming of respondents in published Commissioner findings;
  • mandatory Commissioner reporting on complaints;
  • expanding the list of offences under PIPEDA;
  • removing the "reasonable grounds" requirement for audits; and
  • giving the Commissioner powers to share information with her counterparts.

While PIPEDA's redress and enforcement regime is most need of reform, some important substantive provisions of the Act suffer from lack of clarity, and others leave strange gaps. We have therefore proposed amendments to clarify and add provisions dealing with:

  • the criteria for valid consent;
  • data breach notification;
  • reasonable limits on collection, use and disclosure;
  • children's privacy;
  • openness and individual access;
  • attempted collection, use and disclosure;
  • state surveillance; and
  • the definition of "organization".

Update (20070118): For links to the full hearing transcripts, go to: Canadian Privacy Law Blog: PIPEDA Review Transcripts.

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