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.
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.
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, February 28, 2007
The Information and Privacy Commissioner of Alberta just released a new Order in which the he determined he did not have jurisidction because the personal information in question was collected and disclosed for journalistic purposes, which is excluded from the purview of the Personal Information Protection Act.
Summary: The Complainant alleged that the Organization had disclosed the Complainant's personal information when it published a newspaper article. The Organization argued that the disclosure of personal information in the form of a newspaper article was for journalistic purposes only as provided for by section 4(3)(c) of the Personal Information Protection Act. As such the Act did not apply to the personal information in question. The Commissioner decided the personal information disclosed were materials written for publication in the media and therefore collected and disclosed for journalistic purposes only in accordance with section 4(3)(c). The Commissioner, having determined that he had no jurisdiction in the matter, further stated that he had no authority to determine the remaining issue of the inquiry, regarding the allocation of a complainant's burden of proof.
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