David T.S. Fraser's Contact Information

Contact information:

David T.S. Fraser

Telephone:	(902) 444-8535
Facsimile:	(902) 425-6350
E-mail:	david.fraser@mcinnescooper.com
Address:	Purdy's Wharf, Tower II 1969 Upper Water Street Halifax, NS B3J 3R7
Education:	Shawnigan Lake School - 1989 BA (Honours) - University of British Columbia - 1993 MA (History) - Saint Mary's University - 1996 LLB - Dalhousie University Faculty of Law - 1999
Relevant memberships:	Nova Scotia Barristers' Society Canadian Bar Association Canadian IT Law Association Licensing Executives Society Information Technology Industry Alliance of Nova Scotia Halifax Chamber of Commerce Toronto Board of Trade BioNova NovaKnowledge International Association of Privacy Professionals

Brief Biography:

David leads McInnes Cooper's Privacy Practice Group, working with large and small clients to implement compliance programs for Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Ontario Personal Health Information Protection Act (PHIPA). He regularly provides opinions related to Canadian privacy law and is a frequently invited speaker on this topic. David also acts for organizations in addressing complaints to the Privacy Commissioner.

David is a past President of the Canadian IT Law Association. He is also the former Chair of the National Privacy and Access Law Section of the Canadian Bar Association. He has appeared before the Standing Committee on Access to Information, Privacy and Ethics of the Canadian Parliament and has contributed to the CBA's submissions on privacy law reform, criminal justice matters, submissions to the Arar Inquiry, the Air India Inquiry, to name a few.

In addition to his privacy law practice, David provides legal services to corporate, institutional and individual clients with an emphasis on those in the technology and biosciences industries. David regularly provides advice on intellectual property protection and commercialization, technology-related acquisitions, joint ventures, financings, licensing and legal disputes, including all manner of software, Internet and electronic commerce issues. He acts for researchers and institutional clients in negotiating research funding and commercialization agreements.

David was honoured to be included in the inaugural (2006) and subsequent editions of The Best Lawyers in Canada in the category of Information Technology law. He is listed among the world’s leading lawyers in the Internet and eCommerce Law in the International Who’s Who of Business Lawyers. In the spring of 2006, David was a recipient of an Outstanding Young Canadian Award by the Junior Chamber of Commerce International - Halifax Chapter. In 2009, David was named as one of Canada’s “Top 40 Lawyers Under 40” by Lexpert.

David has served on the Research Ethics Board of the Capital District Health Authority. He is currently a member of the Joint Data Access Committee of the IWK Health Centre for Women and Children in Halifax, which reviews applications for research access to personal health information. In 2002, David was invited to be an associate of the Institute of Law and Technology. He is a member of the faculty of Dalhousie Law School, where he teaches Internet and Media Law, Law and Technology, and Law and Policy for Electronic Commerce. He is on the editorial board of the Canadian Journal of Law and Technology. Active in the Halifax technology community, David is secretary and director of advocacy for the Information Technology Industry Alliance of Nova Scotia (ITANS).

David grew up in a Canadian foreign service family, living in exotic locales such as Egypt, Ghana, India, Sri Lanka, Washington DC, Romania and Ottawa.

Representative work

Represented property and casualty insurer in connection with multiple complaints brought to the Privacy Commissioner of Canada and the Federal Court, leading to the ruling that the Commissioner does not have jurisdiction over matters arising from third-party insurance claims.
Advise many Canadian companies across a range of industries and post-secondary educational institutions on privacy and regulatory matters arising from cross-border data flows and the adoption of cloud computing.
Advised large American electronic medical record service provider on a range of contracts with health authorities in multiple Canadian jurisdictions, including software as a service delivery models.
Advised operator of retirement homes, assisted living facilities and nursing homes on the adoption of cloud computing for enterprise-wide ERP and CRM software.
Represented global internet-based company before the Privacy Commissioner of Canada in connection with a high-profile multi-jurisdictional investigation.
Advised Canadian electronic medical records company on implementation of software-as-a-service delivery in multiple jurisdictions.
Regularly advise Canadian multinational food company on matters related to customer and employee privacy, including cross-border transfers of personal information.
Authored multiple privacy and online advertising policy submissions submitted to Canadian regulators on behalf of national and international industry associations.
Represented the Canadian Bar Association before Canadian parliamentary committees on matters related to privacy and unsolicited commercial e-mail.
Advised American software and hardware distributor on regulatory matters related to expansion into Canadian markets, including contractual matters, regulatory filings, consumer privacy and e-waste regulations.
Advised Canadian transportation company on matters related to C-TPAT and drug testing of drivers mandated by American regulations.
Regularly advise an energy company on matters related to customer and employee privacy, including cross-border transfers of personal information.
Advised a number of Canadian and US-based companies on responding to data breaches, including necessity of notification in Canada.
Advised property and casualty insurer in connection with complaints brought to the Privacy Commissioner of Canada, leading to the determination it is lawful to carry out reasonable covert video surveillance of plaintiffs in certain circumstances.
Advised private contractor on issues related to installing video surveillance equipment on transportation infrastructure when under contract with a public body.
Advised Canadian federal crown corporation on matters related to installation of video surveillance infrastructure and information sharing with law enforcement.
Advised university on crisis response measures and sharing information with law enforcement during crises.
Represented American insurer with operations in Canada in connection with a complaint to the Privacy Commissioner that storing claims data in the United States violated Canadian privacy laws.

Select Publications and Presentations

For publications arranged by topic, see David T.S. Fraser's Privacy Law Articles.

Privacy and Surveillance, Canadian Defence Lawyers, June 2011
Privacy 2010: Year in Review, Canadian Bar Association - Nova Scotia, January 2011
Safeguarding Your Client’s Information, Canadian Bar Association Professional Development, February 2011
The Cloud Thing: Privacy and Cloud Computing, University of New Brunswick, July 2011
Personal Health Information Act: Introduction for Health Researches, Capital District Health Authority Research Ethics Board, March 2011
Civil Litigation: Defamation and Privacy on the Internet, Canadian Bar Association New Brunswick - Mid-winter meeting, February 2011
Canadian Bar Association Live Online PD, Safeguarding your Client’s Confidential Information, February 2011
Privacy and Social Media, Canadian Bar Association New Brunswick - Mid-winter meeting, February 2011
Privacy and Social Media, Dalhousie Faculty of Computer Science, March 2010
Privacy in the Cloud: Privacy and Cloud Computing, International Association of Privacy Professionals Canada, May 2010
Electronic Commerce 101, RELANS 2010, April 2010
Privacy and Location-Based Services, Canadian IT Law Association, October 2010
“Social Media” and the Courts, Canadian Centre for Court Technology, September 2010
Security and the Personal Information International Protection Act, Association of Municipal Administrators of Nova Scotia, October 2010
Personal Health Information Act: Introduction for Health Researches, IWK Health Centre Joint Data Access Committee, September 2010
Patriot Act Reality Check: an overview of law enforcement and national security access to personal information, Canadian Bar Association - Alberta, April 2010
The Police are Knocking at the Door. Now What?, Canadian Institute, May 2010
The Cloud Thing: Privacy and Cloud Computing, Canadian University Congress of Chief Information Officers, November 2010
Patriot Act Reality Check: an overview of law enforcement and national security access to personal information, Dalhousie, January 2009
Privacy, Nova Scotia Community College, December 2009
Privacy and eHealth Legislation in Atlantic Canada, E-Health Forum, October 2009
Web 2.0 Legal Issues in New Media and Social Media, Canadian IT Law Association Spring Training, May 2009
Managing Privacy in Employee Relations, Human Resources Association of Nova Scotia, November 2009
Web 2.0 Legal Issues in New Media and Social Media, Canadian IT Law Association Spring Training, May 2009
Crossing the Canadian/US Border: Are Your Electronic and Personal Data and Information at Risk? The Canadian Perspective, Ontario Bar Association 2009 Institute, February 2009
Lawyers and Social Media Marketing, American Bar Association, April 2009
Managing Privacy in Employee Relations, Meeting your Privacy Obligations – Canadian Institute, May 2009
Restricting Cross-border Data Flows: A View from the Trenches, Trilateral Committee on Transborder Data Flows, June 2009
Canada’s National Do Not Call List, Canadian Bar Association Nova Scotia – Young Lawyers Section, January 2009
Twittering Lawyers, American Bar Association, April 2009
Social Networking and Privacy, Office of the Privacy Commissioner of Canada, March 2009
Blogs and Blogging, Canadian IT Law Association, October 2008
Current Issues in Employee and Workplace Privacy, Canadian Institute, May 2008
Privacy and Health Information Systems, AHIS – Atlantic Health Information Systems, October 2008
FOIPOP and Municipalities – An Access and Privacy Workshop, Nova Scotia Municipal Development Officers, April 2007
Law Enforcement Access to Personal Information, Nova Scotia Criminal Lawyers Association, November 2007
Privacy, Personal Information and "Lawful Access", Canadian Bar Association - New Brunswick, October 2007
Privacy and Healthcare, Guest lecture for Health Law Dalhousie Law School, October 2007
Effectively Managing Employee and Workplace Privacy, Canadian Institute Privacy Obligations, May 2006
Email Storage and the Law, High Technology Crime Investigators Association, May 2006
Privacy Compliance, Canadian Institute Conference, May 2007
Privacy and Professional Regulators, Nova Scotia Barristers Society conference on Professional Regulatory Law, April 2007
Privacy in a Borderless World, Presentation at "Information Without Borders: Leadership in an Information Rich Environment", Dalhousie School of Information Management, March 2007
Privacy and Health Information, Department of Community Health & Epidemiology, Dalhousie University, November 2006
Privacy and Investigations, High Technology Crime Investigators Association, November 2006
Blogs and Blogging: Legal Issues, Canadian IT Law Association, October 2006
Privacy and Health Information, Canadian Association of Health Administrators, October 2006
Privacy and Health Information, Association of Health Information Systems, September 2006
E-mail and the Law, Project Management Institute of Nova Scotia, June 2006
Privacy Law and Law Firms, Nova Scotia Barristers' Society Continuing Professional Development Session, May 2006
Privacy Compliance, Canadian Institute Conference Co-chair, May 2006
Managing Employee and Workplace Privacy, Canadian Institute Conference, May 2006
“New Hope for the Tort of Invasion of Privacy?”, (2006) 3. Can. Privacy L. Rev.
Blogs and Blogging: Legal Issues, Halifax Association of Law Librarians, January 2006
"When Ignorance Isn't Bliss: Liability and Pharmacy Practice", 41st Annual Pharmacy Fall Refresher Course, 30 October 2005, Halifax, NS.
"The Impact of US Law on Canadian IT Business", Ninth Annual Canadian Information Technology Law Association Conference, 27 October 2005, Montreal, QC.
"Privacy and Insurance Claims: Update after two years of PIPEDA", Canadian Bar Association - Nova Scotia, Insurance Law Subsection, October 2005.
"Privacy and Medical Records", Nova Scotia Medical-Legal Society, 13 October 2005.
"How US Law Affect Canadian IT Companies", Lawyers Weekly, 7 October 2005.
"Privacy and the Practice of Criminal Law", Nova Scotia Criminal Lawyers Association, 27 February 2005.
"Fundamentals of Commercialization", Brain Repair Centre, 19 January 2005.
"IT Security and Privacy", High-Tech Crime Investigation Association, 26 November 2004.
PIPEDA and public bodies in Nova Scotia, Department of Justice Workshop, November 2004.
Privacy and Clinical Research, with Paula Jones-Wright, Clinical Research Association of Canada, November 2004.
PIPEDA and Public Libraries, presentation to Nova Scotia library boards, October 2004.
“Canada’s New Federal Privacy Law and Its Implications for Clinical Research”, Good Clinical Practices Journal (UK), October 2004 (with Paula Jones-Wright)
PIPEDA and the Customer Contact Industry, ContactNB Annual Conference, October 2004
Legal Aspects of IT Project Management, Project Management Institute Continuing Education, October 2004
Cross-border Privacy Issues: The View from Canada, Presentation to the Canadian Bar Association Annual Meeting and Conference, August 2004
Privacy and Financial Planners, Advocis presentation, July 2004
Privacy and Pharmacists, Newfoundland Association of Independent Pharmacists, June 2004
Privacy Law and HR Professionals, Presentation to Hewitt Associates Conference, June 2004
Privacy and Credit Management, Presentation to the Credit Institute of Canada, June 2004
Project Management and Privacy, Project Management Institute Continuing Education, June 2004
“Privacy in Practice – PIPEDA and the Private [Medical] Practice”, Health Privacy: New Compliance Requirements and Best Practices (Insight Information conference) Halifax, June 2004
Privacy and Medical Practices, Medical Society of Nova Scotia AGM, June 2004.
“The Application of PIPEDA to Personal Health Information” (2004) 1 Can. Privacy L.R. 6
Physician’s Privacy Manual (Halifax: National Privacy Services Inc., 2004)
Privacy and Real Property Law, Nova Scotia Barristers’ Society Continuing Professional Development Conference, March 24, 2004
Privacy and Business, Presentation to the St. Francis Xavier School of Business, March 17, 2004
Universities and the New Federal Privacy Law, Atlantic Association of University Registrars, Halifax, November 28, 2003
Advising Clients on PIPEDA, Nova Scotia Barristers' Society Continuing Professional Development Session, November 25, 2003
Privacy and Your Practice, Nova Scotia Barristers' Society Continuing Professional Development Session, November 15, 2003
The Arts Community and the New Federal Privacy Law, Presentation to members of the Halifax arts community, November 10, 2003
Universities and the New Federal Privacy Law, Atlantic Association of University Financial Officers, Wolfville, November 2003
Developments in Canadian Privacy Law, Credifax Atlantic Limited Fall 2003 Seminar, October 17, 2003
Leading your Organization's Privacy Law Compliance: Training for Privacy Officers, Halifax October 8-9, 2003
Countdown to January 1, 2004: What the new privacy law means to your business, Presentations in Saint John, Fredericton and Moncton, 22-25 September 2003
PIPEDA: A Privacy Primer for Lawyers, Presentation to the Canadian Bar Association (Nova Scotia) Young Lawyers' Section, 25 September 2003
"Focus on Privacy: PIPEDA and Universities and Colleges", McInnes Cooper Client Note, Fall 2003
PIPEDA: The Impact of Privacy Law on RV Dealers, Presentation to the Recreational Vehicle Dealers Association of Nova Scotia, 12 September 2003
"Focus on Privacy: The Importance of Document Destruction", McInnes Cooper Client Note, Summer 2003
"Focus on Privacy: Does the New Federal Privacy Law Apply to My Organization?", McInnes Cooper Client Note, Summer 2003
"Companies' Privacy Rules Dramatically Changing", Halifax Chronicle Herald Opinion Page (14 August 2003), B2
"Focus on Privacy Law: PIPEDA in the Unionized Workplace", McInnes Cooper Client Note, Summer 2003
"Focus on Privacy Law: Monitoring of Customer Service Calls", McInnes Cooper Client Note, Summer 2003
"Focus on Technology Law: Open Source Software Raises Significant Legal Issues For Developers", McInnes Cooper Client Note, Spring 2003
"Focus on Privacy Law: Privacy Commissioner Findings Relevant to Call Centres", McInnes Cooper Client Note, Spring 2003
"Focus on Privacy Law: Personal Information Protection and Computer Security", McInnes Cooper Client Note, Spring 2003
New Privacy Legislation: What it means to your business, Special McInnes Cooper Client Seminar, February 2003
Intellectual Property Fundamentals for Commercialization, Canadian Association of University Research Administrators (Eastern), November 2002
"Doing Business in Nova Scotia", Metropolitan Immigrant Settlement Association, November 2002
"Focus on Personal Information", McInnes Cooper Client Note, November 2002
"Legal aspects of the Atlantic Innovation Fund – Technology Commercialization", ITANS Seminar, September 2002
"Update on Privacy Legislation", McInnes Cooper in-house seminar, May 2002
Personal Information in the Private Sector, Continuing Legal Education Nova Scotia, March 2002
"New Internet Domains Provide Opportunities and Potential Headaches", Halifax Daily News, 18 June 2001
"Focus on Domain Names and Trademarks", McInnes Cooper Client Note, June 2001
"Focus on E-Commerce Transactions", McInnes Cooper Client Note, June 2001
"Focus on Secured Lenders and Crown Priorities", McInnes Cooper Client Note, May 2001
"Collision Course: Public Inquiries and Criminal Prosecutions", Dalhousie Journal of Legal Studies, 2000

Notable media appearances and mentions

"Scorned women expose old flames' infidelities online", The Ottawa Citizen, 7 November 2005, p. A4.
"Access to Medical Records", Legion Magazine, September/October 2005.
Business Week Online, "The Spy Under the Hood", 24 May 2005.
"Blogging the Spotlight", The National Magazine, Apr/May 2005. Vol. 14, Iss. 3; pg. 38
The Canadian Press, "Privacy watchdog says Canadian businesses should learn from CIBC's fax fiasco", 18 April 2005 (also available here).
The Bill Good Show, CKNW (Vancouver), 4 January 2004
Holder Tonight, CJAD (Montreal), 3 January 2004
"Patient profiles soon to be a click away", The Ottawa Citizen, 29 December 2004, A12
"They're watching you, and they know who you are", The Ottawa Citizen, 28 December 2004, A10
"Our every move is tracked and recorded", The Ottawa Citizen, 27 December 2004.
"Eye scans for U.S.-bound travellers", Canadian Broadcasting Corporation Television News - Vancouver, 30 November 2004.
"Iris scans and border security", The National (CBC), 30 November 2004.
"Retailers, receipts and privacy", Mainstreet (CBC Radio), 30 November 2004.
"Who has your number?", The Chronicle Herald (Halifax), 27 November 2004.
"Business, customers lack privacy know-how", The Daily News (Halifax), 27 November 2004.
"Web too vast to patrol", The Daily News (Halifax), 20 June 2004.
"Privacy rules spawn new company", The Chronicle-Herald (Halifax), 6 April 2004.
"The privacy net", The National (Canadian Bar Association), Jan-Feb 2004.
"Businesses will soon face privacy issues", The New Brunswick Telegraph Journal, 30 December 2003.
"Privacy rules catching businesses by surprise", The Chronicle-Herald (Halifax), 19 August 2003, p. A1.