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Articles 1 - 16 of 16
Full-Text Articles in Law
The Future Of Data Protection Enforcement In Canada: Lessons From The Gdpr, Guilda Rostama, Teresa Scassa
The Future Of Data Protection Enforcement In Canada: Lessons From The Gdpr, Guilda Rostama, Teresa Scassa
Canadian Journal of Law and Technology
Imagine a not-too-distant scenario in which a private sector organization in Canada is investigated by the Privacy Commissioner of Canada jointly with the Commissioners of Quebec, British Columbia (‘‘BC”), and Alberta in relation to complaints that it shared massive quantities of personal data with third parties contrary to its stated practices in its privacy policies. Imagine also that each of the commissioners is empowered under newly amended data protection legislation to issue substantial Administrative Monetary Penalties (‘‘AMPs”). If each of the commissioners finds that its respective laws were breached, should the organization be subject to four different AMPs, or just …
Can Pipeda ‘Face’ The Challenge? An Analysis Of The Adequacy Of Canada’S Private Sector Privacy Legislation Against Facial Recognition Technology, Tunca Bolca
Canadian Journal of Law and Technology
Facial recognition technology is one of the most intrusive and privacy threatening technologies available today. The literature around this technology mainly focuses on its use by the public sector as a mass surveillance tool; however, the private sector uses of facial recognition technologies also raise significant privacy concerns. This paper aims to identify and examine the privacy implications of the private sector uses of facial recognition technologies and the adequacy of Canada’s federal private sector privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA), in addressing these privacy concerns. Facial templates produced and recorded by these technologies are …
Moving On From The Ombuds Model For Data Protection In Canada, Teresa Scassa
Moving On From The Ombuds Model For Data Protection In Canada, Teresa Scassa
Canadian Journal of Law and Technology
Both the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Privacy Act adopt an ombuds model when it comes to addressing complaints by members of the public. This model is also present in other data protection laws, including public sector data protection laws at the provincial level, as well as personal health information protection legislation. The focus of this short paper is the model adopted in PIPEDA and its ongoing suitability. PIPEDA was designed to apply across the full range of private sector actors and is increasingly under strain in the big data society. These factors may make …
The Lawful Access Fallacy: Voluntary Warrantless Disclosures, Customer Privacy, And Government Requests For Subscriber Information, Matthew P. Ponsford
The Lawful Access Fallacy: Voluntary Warrantless Disclosures, Customer Privacy, And Government Requests For Subscriber Information, Matthew P. Ponsford
Canadian Journal of Law and Technology
This paper explores the recent legal, political, privacy, and communications developments surrounding warrantless government requests for basic subscriber information. I assert the current practice remains marred in secrecy and therefore poses a significant threat to Canadian civil liberties and privacy rights.
Is There A 'Right To Be Forgotten' In Canada's Personal Information Protection And Electronic Documents Act (Pipeda)?, Michael Rosenstock
Is There A 'Right To Be Forgotten' In Canada's Personal Information Protection And Electronic Documents Act (Pipeda)?, Michael Rosenstock
Canadian Journal of Law and Technology
In this paper, I argue that PIPEDA could support a version of the right to be forgotten, subject to three important caveats. First, for search engines to meet the threshold applicability test under PIPEDA, their activities (i.e., crawling, indexing, organizing, etc.) must constitute the ‘‘collection, use or disclosure” of personal information. Ascribing such a role to search engines in information dissemination would likely require a court to distinguish the activities of search engines from hyperlinks on websites, which the Supreme Court in Crookes v. Newton determined did not involve control over content. Second, PIPEDA’s ‘‘all-or-nothing approach” means that if search …
Privacy And Publicly Available Personal Information, Teresa Scassa
Privacy And Publicly Available Personal Information, Teresa Scassa
Canadian Journal of Law and Technology
This article begins with a review of the structure of PIPEDA in order to situate the exception within its statutory context. This is followed by a detailed consideration of the exception for publicly available information. The article then offers a discussion of whether the scope of this exception should be expanded, and offers an alternative.
Personalization, Analytics, And Sponsored Services: The Challenges Of Applying Pipeda To Online Tracking And Profiling Activities, Eloïse Gratton
Personalization, Analytics, And Sponsored Services: The Challenges Of Applying Pipeda To Online Tracking And Profiling Activities, Eloïse Gratton
Canadian Journal of Law and Technology
No abstract provided.
A New Approach To Data Security Breaches, Gideon Emcee Christian
A New Approach To Data Security Breaches, Gideon Emcee Christian
Canadian Journal of Law and Technology
This article examines the problems associated with data security breaches from two different, but not mutually exclusive, perspectives. The first part of the article examines the need for notification in the event of a data security breach and proposes an amendment of the Personal Information Protection and Electronic Document Act (PIPEDA) to create a legal, or statutory, obligation in Canada to compel disclosure or notification of data security breaches. My recommendations are based on the examination of legislation from other legal jurisdictions, highlighting, where necessary, the shortcomings of the legislation, which ought to be taken into consideration in amending PIPEDA …
Information Privacy In Public Space: Location Data, Data Protection And The Reasonable Expectation Of Privacy, Teresa Scassa
Information Privacy In Public Space: Location Data, Data Protection And The Reasonable Expectation Of Privacy, Teresa Scassa
Canadian Journal of Law and Technology
This article considers whether the permissive disclosure provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) and its substantially similar counterparts mean that law enforcement agents have ready access to information about our movements and activities, or whether s. 8 of the Charter plays a role in limiting the circumstances in which disclosure without notice or consent may take place.
Consumer Privacy And Radio Frequency Identification Technology, Teresa Scassa, Theodore Chiasson, Michael Deturbide, Anne Uteck
Consumer Privacy And Radio Frequency Identification Technology, Teresa Scassa, Theodore Chiasson, Michael Deturbide, Anne Uteck
Articles, Book Chapters, & Popular Press
Radio Frequency ID tags are poised to replace the UPC barcode as a mechanism for inventory control in the wholesale and retail contexts. Yet the tiny chips offer a range of potential uses that go beyond the bar code. In this paper the authors define RFID technology and its applications. They explore the privacy implications of this technology and consider recent attempts in the U.S. and European Union to grapple with the privacy issues raised by the deployment of RFIDs at the retail level. The authors then consider the extent to which Canada's Personal Information Protection and Electronic Documents Act …
New Federal And Provincial Personal Information Protection Legislation And Its Impact On Physicians And Public Hospitals, Evguania Prokopieva
New Federal And Provincial Personal Information Protection Legislation And Its Impact On Physicians And Public Hospitals, Evguania Prokopieva
Canadian Journal of Law and Technology
The focus of this article is to examine the implications of the new federal and Ontario personal data protection legislation for physicians and public hospitals. This article also inquires into whether the new legislation will contribute to the protection of patient privacy. By ‘‘physician’’ I mean a doctor in a broad sense – i.e., ‘‘a person who has been educated, trained, and licensed to practice the art and science of medicine’’. This will include family doctors, paediatricians, psychiatrists, surgeons, and other medical doctors covered by the Regulated Health Professions Act. By the term ‘‘public hospitals’’ I will refer to not-for-profit …
Three Years Under The Pipeda: A Disappointing Beginning, Christopher Berzins
Three Years Under The Pipeda: A Disappointing Beginning, Christopher Berzins
Canadian Journal of Law and Technology
As of January 1, 2004, after a three-year phase-in period, the Personal Information Protection and Electronic Documents Act (PIPEDA) came fully into force. Although considerable uncertainty currently prevails due to unanticipated events such as the resignation and replacement of Commissioner George Radwanski and the late constitutional challenge by Quebec, there is now sufficient experience with the legislation to begin to assess how the PIPEDA is working. It is also a timely juncture to do so with the extension of the legislation to the provincially regulated private sector.
Video Surveillance, Evidence And Pipeda: A Comment On Ferenszy V. Mci Medical Clinic, Anne Uteck
Video Surveillance, Evidence And Pipeda: A Comment On Ferenszy V. Mci Medical Clinic, Anne Uteck
Canadian Journal of Law and Technology
One of the most common uses of surveillance is in the area of evidence gathering for investigation by litigators. Private investigators have long been retained for this purpose, and law enforcement officers routinely utilize surveillance devices to assist in the prosecution of a crime. The admissibility of video surveillance evidence obtained by private and government investigators is obviously not a new issue. What has come to the fore- front is the application of the Personal Information Protection and Electronic Documents Act in the context of video surveillance evidence, and its impact on civil litigators. Privacy interests inherent in the collection, …
The Personal Information Protection And Electronic Documents Act: A Comprehensive Guide By William Charnetski, Patrick Flaherty And Jeremy Robinson (Toronto Canada Law Book Inc., 2001), Teresa Scassa
Canadian Journal of Law and Technology
The Personal Information Protection and Electronic Documents Act: A Comprehensive Guide (the Guide) is the second book to be published in English in Canada dealing expressly with the Personal Information Protec- tion and Electronic Documents Act (PIPEDA). The Guide is different from the earlier work, in that it is not a section by section discussion or annotation of the provisions of PIPEDA. Rather, it is organized into eight chapters, each addressing a distinct theme or topic. The Guide is also aimed at a more professional audience than the earlier work. In its introduction, and in its choice of content, it …
Book Review: Privacy Law In Canada By Colin H.H. Mcnairn And Alexander K. Scott, Anne Mussett
Book Review: Privacy Law In Canada By Colin H.H. Mcnairn And Alexander K. Scott, Anne Mussett
Canadian Journal of Law and Technology
Privacy Law in Canada is a 360-page work that broadly covers legislation at both the federal and provin- cial level, and criminal and civil liability for privacy intru- sions in the context of case law from across Canada. Particular focus is given to privacy issues associated with the workplace, personal health information, technolog- ical surveillance, and protecting consumers and debtors. The authors take a practical approach in examining chal- lenging questions, such as whether a consumer’s consent is required to obtain a credit report; disclosure of med- ical information; monitoring an employee’s computer use and voice mail; how the PIPEDA …
Book Review: The Personal Information Protection And Electronic Documents Act: An Annotated Guide By Stephanie Perrin, Heather H. Black, David H. Flaherty And T. Murray Rankin, Q.C. (Concord, Ont.: Irwin Law, 2001), Teresa Scassa
Canadian Journal of Law and Technology
In April 2000, the Personal Information Protection and Electronic Documents Act was passed by the House of Commons. The legislation dealt with both personal information privacy and the use and validity of electronic documents in areas governed by federal law. On January 1, 2001, the portion of the Act dealing with electronic documents took effect, as did the privacy provisions, to the extent that they related to the collection use or disclosure of personal information inter-provincially, or in connection with a federal work, undertaking or business. The Act applied to personal health information as of January 1, 2002, and will …