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.
Tuesday, September 11, 2007
This is interesting ...
The Privacy Commissioner of Canada has written to Google, asking for comments on the proposition that Google Street View may violate Canadian privacy laws.
Letter to Mr. David C. Drummond, Senior Vice President, Corporate Development and Chief Legal Officer, Google, regarding 3D online mapping technology
Our Office considers images of individuals that are sufficiently clear to allow an individual to be identified to be personal information within the meaning of PIPEDA. The images contained in Immersive Media’s GeoImmersive Database appear to have been collected largely without the consent and knowledge of the individuals who appear in the images. These images now appear in your company’s Street View application. I understand that there is a function within Street View which allows viewers to request that certain images be removed. This is only a partial solution, however, given that individuals may not be aware that images relating to them are on Street View. As well, by the time individuals become aware that images relating to them are contained in Street View, their privacy rights may already have been affected.
I am concerned that, if the Street View application were deployed in Canada, it might not comply with our federal privacy legislation. In particular, it does not appear to meet the basic requirements of knowledge, consent, and limited collection and use as set out in the legislation. I would appreciate your response to the issues that I have raised as soon as possible, given the importance of these questions to the privacy rights of Canadians. Please contact me if you have any questions.
There's been loads of coverage of this issue in the mainstream media. See:
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