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Articles 1 - 5 of 5
Full-Text Articles in Privacy Law
Wired Identities: Retention And Destruction Of Personal Health Information In An Electronic World, Elaine Gibson
Wired Identities: Retention And Destruction Of Personal Health Information In An Electronic World, Elaine Gibson
Dalhousie Law Journal
This article examines the issue of the retention and destruction of personal health information. While legislation in Canada shows some attention to the issue of retaining health records, very little consideration has been given to their destruction. As technological advances have made indefinite retention feasible, serious privacy issues are now being raised by the lack of a standard related to the destruction of health records. The author argues that this issue needs to be explicitly addressed. The author analyzes this problem by looking at issues of autonomy, public good, inequality, and privacy as a social good before offering thoughts on …
Privacy, Trusts And Cross-Border Transfers Of Personal Information: The Quebec Perspective In The Canadian Context, Eloise Gratton, Pierre-Christian Collins Hoffman
Privacy, Trusts And Cross-Border Transfers Of Personal Information: The Quebec Perspective In The Canadian Context, Eloise Gratton, Pierre-Christian Collins Hoffman
Dalhousie Law Journal
This paper argues that data protection laws apply to prevent the disclosure of certain information relating to trusts, which are increasingly being used .as business and investment vehicles. Given the broad scope of the concept of "personal information" found under both provincial and federal personal information protection statutes, arguments can be made that information relating to trust beneficiaries or trustees, where such beneficiaries or trustees are natural persons, enjoy some level of protection. Even where a trust contains an express choice of law clause providing that the laws of another province or country apply, Quebec conflict of laws rules may …
Ministerial Misfeasance: R. V. Morris And A Unique Early Privacy Breach, Barry Cahill
Ministerial Misfeasance: R. V. Morris And A Unique Early Privacy Breach, Barry Cahill
Dalhousie Law Journal
According to Klein &Kratchanov (Government Information: The Right to Information and Protection of Privacy in Canada, 2nd ed., 2009), "there is one reported case of a successful private prosecution for violation of an access statute through the unauthorized release of personal information. The matter arose under a former Nova Scotia Act and resulted in a modest fine being imposed against a Minister of the Crown who had disclosed information about the complainant." What follows is a close, contextual study of a case unique in the short history of privacy law in Canada, from the perspective of the thirty-year development of …
The Personal Information Protection And Electronic Documents Act: A Lost Opportunity To Democratize Canada's "Technological Society", Tina Piper
Dalhousie Law Journal
Bill C-6, more recently known as the Personal Information Protection and Electronic Documents Act, is promoted by the Canadian government as privacy legislation to protect Canadians' personal information. This paper explores that characterization and concludes that it is inaccurate and misleading. The problems that motivated a response by Parliament are the proliferation and commercial importance of personal information, concerns Canadians have about its uncontrolled use by the private sector and the inadequacy of existing law to address those concerns. However, the Act has not responded to these problems. There are several reasons for this, primarily the disproportionate and antidemocratic importance …
Computer Data Banks And Personal Information: Protection Against Negligent Disclosure, Chris Dockrill
Computer Data Banks And Personal Information: Protection Against Negligent Disclosure, Chris Dockrill
Dalhousie Law Journal
The common law has for centuries recognized the protection of certain interests which fall under the rubric of what is commonly referred to as the right of privacy.' While these safeguards have not always satisfied the concerns of the aggrieved individual, they have and continue to afford some measure of protection. The recognition of a need for a more specific means of protecting such interests is more recent in origin, dating to the later part of the last century.