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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.
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, December 06, 2005
Porn business for sale: privacy issues
Among of the most common questions I get from other lawyers in my firm have to do with privacy issues that crop up in mergers and acquisitions. A purchaser wants to buy a business that includes reams of employee information and, often, significant quantities of customer information. Most businesses hold mundane personal information, but some are more exotic ...
Boing Boing, which truly is a directory of wonderful (and weird and unsual and interesting) things, has linked to an interesting auction on eBay. Apparently, someone in the "adult entertainmnet" business has given in to pressure from family and is selling his porn production company on eBay. (Boing Boing: Porn company for sale on eBay) It is being sold lock, stock and barrel. And, as is required in this industry, the business is also the custodian of information about the performers in the business:
eBay: ENTIRE PORN COMPANY FOR SALE !!! (item 7567775239 end time Dec-08-05 21:30:00 PST):... An established relationship with all your favorite and current Adult Stars. Company records include there [sic] real names, addresses, phone numbers and other personal information. These records are kept because of Federal laws....
The opening bid is $100,000 and I can just imagine some drooling weirdo buying the company just for the information it holds. I can also just imagine more than a few starlets concerned about who the purchaser will be.
Update (20051208): Apparently eBay has yanked the listing.
Labels: information breaches
12/06/2005 09:31:00 PM
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I think though it might be possible to firstly use a NDA and second of all include certain terms in an agreement with the new buyer.
By this I mean the seller and buyer can agree on a period of say 3 weeks for due diligence. The seller can stipulate that a background check be done and any other search that could help prevent the businesses being purchased by a weirdo.
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