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.

Saturday, April 12, 2008

Toronto Police Chief calls for DNA samples regardless of conviction 

CityNews in Toronto is reporting that the city's chief of police is calling for forced DNA samples for a national database even before an individual is convicted, and the retention of those samples even if the individual is acquitted. See: CityNews: Toronto Police Chief Calls For Forced DNA Samples.

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Tuesday, March 18, 2008

UK police urge that young children be added to already enormous DNA list 

Just in case you were starting to wonder about the benefits of a written constitution and bill of rights, the UK steps up to the plate: Authorities in England are proposing to collect the DNA of five year olds in case they grow up to be terrorists, thugs, or ne'er do wells. And if you have a transit card, your movements will be analyzed by the sercurity services in case you are a terrorist, thug or ne'er do well. See: Put young children on DNA list, urge police Society The Observer. Via Boing Boing.

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Sunday, September 16, 2007

British commentator looks to Canadian example for privacy 

A comment in the Guardian by Henry Porter decries preceived intrusions into the private lives of the British and suggests that Canada is a good model to follow. He agrees strongly with what Pierre Trudeau said, that the Government has no business in the bedrooms of the nation.

Our sex lives are our own business Comment Guardian Unlimited Politics

... A few years ago, this sentence appeared at the beginning of a bill: 'Her Majesty by and with the advice of the House of Commons enacts as follows: rules to govern the collection, use and disclosure of personal information in a manner that recognises the right of privacy of individuals with respect to their personal information.'

The only words I have missed out are the 'senate' and 'of Canada'. Same queen, but different country and one which has placed the respect for privacy at the heart of its national life. It seems extraordinary that two countries which used to share so many political values have taken such different directions. There's a lot that Canada can teach the Mother of Parliaments, especially the opposition, which has lost the habit of thinking outside the terms that Labour has set for the national agenda.

There are two important acts which serve as good templates for the sorts of reforms Liberty calls for. The first is the Privacy Act which took effect in 1983 and which imposes obligations on some 150 government and federal departments and agencies to respect the privacy rights by limiting the collection, use and disclosure of personal information. It gives the individual a right to access and correction of personal information held by agencies. The second act is the Personal Information Protection and Electronic Documents Act (Pipeda), a law which means a company like Tesco, which accumulates enormous amounts of personal data, must have consent from its customers. Underlying these is the Canadian charter of rights and freedoms which states: 'Everyone has the right to be secure against unreasonable search and seizure', a guarantee which I would like to see in a British bill of rights.

It is argued that we have the Data Protection Act and the information commissioner, but despite the latter's agitation, nothing has stopped the 500,000 interceptions of private communication each year, the total surveillance of motorways, the building of the ID card data base, the creepy children's database and expansion of the police DNA database.

The Canadian system hasn't worked perfectly, especially since 9/11, but Canadians shudder at what is happening in the UK, at the abandon with which we allow government more and more control over our lives and our futures....

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Tuesday, February 28, 2006

DNA tests to track down the toolbox piddler 

Privacy is not always about identity theft and widespread eavesdropping. Sometimes it's a bit weird.

According to the Associated Press, a hospital in Baton Rouge, LA is about to spend $25,000 to test the DNA of a bunch of employees to figure out who peed in another employee's toolbox. Since nobody has stepped forward, there's no smoking gun and the trail has gone cold, the hospital administration is forcing 25 employees to provide a DNA sample or be terminated. Not surprisingly, some think it's an invasion of privacy.

DNA Tests Ordered for Urine Toolbox Prank - Yahoo! News:

'We checked with our legal counsel first and this is the next step in using technology to help solve a workplace incident,' hospital supervisor Stan Shelton said Monday.

The DNA testing, to be conducted by ReliaGene Technologies of New Orleans, will cost the hospital $25,000, he said.

Attorney Jill Craft worked with litigation involving swabs taken during the investigation into the South Louisiana serial killer cases. Craft fought for the rights of those swabbed during the probe that eventually resulted in the arrest of Derrick Todd Lee.

Craft said she believed the employees' rights are being violated. 'It's the intrusion by finding out what your DNA looks like, your unique pattern, which in my opinion, violates someone's right to privacy,' she said.

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Monday, January 02, 2006

UK DNA database and the war against spit 

Lawrence Lessig recently observed a poster on a train in the UK reminding riders that spitting on railway staff is assault and that the UK's national DNA database will be used to track down offenders. I'm not sure that was the kind of offense that was pointed to when the database came into being, but shows how versatile that sort of info really is! See: Lawrence Lessig.

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