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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About this page and the author
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.
Tuesday, October 04, 2005
US Federal Court Preempts Landmark California Privacy Law
Chris Hoofnagle of Epic West reports that a US District Court has ruled that some of the ground-breaking rules in California's privacy law are pre-empted by the federal Fair Credit Reporting Act: EPIC West: Electronic Privacy Information Center West Coast Office: Federal Court Preempts Landmark California Privacy Law
UPDATE: More coverage:
Tough bank privacy law thrown out:"SACRAMENTO - A U.S. District Court judge on Tuesday struck down a portion of a California law that restricts banks from selling consumers' private information to their affiliates, ruling that the state law is pre-empted by federal rules.
The American Bankers Association, the Financial Services Roundtable and Consumer Bankers Association had sued California Attorney General Bill Lockyer, arguing that the federal Fair Credit Reporting Act already regulated their ability to sell such information to affiliates in other lines of business.
The federal act lets banks and other financial institutions share information with affiliates about customers' 'credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.'
The 2003 California financial privacy law forced companies to offer consumers the right to opt-out of sharing such information...."
Labels: information breaches
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