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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.
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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.
Thursday, February 10, 2005
Federal Court of Appeal issues a declaration in the Englander case
According to Mathew Englander's website, the Federal Court of Appeal today issued its decision with respect to his remedy. There was no order issued, but the Court did declare that Telus had contravened PIPEDA. Stay tuned for a link to the decision and some commentary on it.
Mathew Englander, privacy advocate:"UPDATE: On February 10, 2005 the Court issued its decision on remedy. The Court declined to order Telus to comply with the Act in future, but issued a judicial declaration that Telus had contravened the Act in the past.
The Court held that Telus has infringed PIPEDA in not informing its first-time customers, at the time of enrolment, of all the purposes for which their personal information is collected and in not informing them at that time of non-published number service. On the other issue, the Court held that the fee Telus charges does not infringe the Act.
This is the first time a court has ruled that an organization breached PIPEDA."
Update: Mathew has put the decision on his site at http://www.mathew-englander.ca/fca-order-09feb2005/
Labels: information breaches, privacy
2/10/2005 06:23:00 PM
:: (1 comments)
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Backlinks
http://www.mathew-englander.ca/fca-order-09feb2005/
(It turns out the judgment is dated yesterday, February 9, but it was sent to the parties today.)
Mathew Englander
: February 10, 2005 8:33 PM
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