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.

Monday, October 13, 2008

British Columbia bridge implements plate-based tolling 

The Golen Ears Bridge in British Columbia is the first toll highway/bridge in Western Canada to follow the lead of Toronto's 407 ETR to implement electronic tolling using plate identification.

Spokespeople are attempting to soothe privacy fears, but I'm not sure it goes far enough:

Vehicles crossing Golden Ears Bridge will be tracked, TransLink says


But TransLink spokesman Ken Hardie said people shouldn't worry about their privacy being invaded.

He said billing agents who send toll bills by mail will be the only ones who usually have access to who crosses the bridge.

Police conducting criminal investigations will also have access, he said, just as they are able to access digital video recorded at SkyTrain stations.

Private individuals will be out of luck.

"If a jealous husband comes along and says, 'I want to know if my wife went across the bridge at a certain time', he won't be able to. That information is protected," he said.

Hardie said TransLink conducted a privacy impact assessment on Golden Ears bridge tolling, and had it approved by the Freedom of Information and Privacy office in Victoria.

"We've taken all the steps to satisfy them [privacy officials] that the records will be kept and managed in an appropriate way," he said.

"The key issues are what kind of record is being created, how long do you keep it, how do you store it and who has access to it," said Hardie.

If you ask me, police shouldn't get any of the information unless they show a warrant and spouses should know that an ordinary civil subpoena will probably pry that info loose from TransLink without too much hassle.

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