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.

Wednesday, December 19, 2007

Alberta faults Ticketmaster for requiring consent to secondary purposes 

The Alberta Information and Privacy Commissioner has found that Ticketmaster violated that province's privacy law by requiring that purchasers consent to use of their information by concert promoters. From the Commissioner:


Office of the Information and

Privacy Commissioner of Alberta

December 19, 2007

Ticketmaster investigated under Personal Information Protection Act

The Office of the Information and Privacy Commissioner has found that Ticketmaster Canada Ltd (Ticketmaster) contravened the Personal Information Protection Act (PIPA) by requiring on-line customers to consent to the use of personal information for the event provider’s marketing purposes, as a condition of a ticket sales transaction. The investigation also determined Ticketmaster’s on-line opt-out process did not allow customers to make an informed decision about consent nor did it offer customers a reasonable opportunity to decline or object to the use of their personal information for event providers’ marketing purposes. Ticketmaster’s on-line privacy policy was also found to be complex and ambiguous.

The Complainant went on Ticketmaster’s website, to purchase tickets for an event. During the on-line transaction, the Complainant was unable to proceed with his on-line ticket purchase unless he consented to Ticketmaster’s “Use of Personal Information” privacy statement. The Complainant was particularly concerned with the contents of this privacy statement, which authorized Ticketmaster to share his email address with event providers for the event providers’ marketing purposes.

Ticketmaster agreed to implement the Investigator’s recommendations, which included launching, across Canada, a new on-line and telephone opt-in mechanism for event providers’ marketing communications. This mechanism offers on-line and telephone customers the opportunity to opt-in to receiving marketing materials from event providers by checking a box during the on-line ticket purchase process. In conjunction with the new on- line opt-in mechanism, Ticketmaster posted its revised on-line privacy policy with an easily navigable table of contents linking to appropriate section of the policy. To obtain a copy of Investigation Report P2007-IR-007, please visit our website at:

CBC has some coverage of the story here: Arts - Ticketmaster's online sales violated Alberta privacy law.

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