Conservative backbencher James Rajotte has introduced a private members' bill, Bill C-299: An Act to amend the Criminal Code, the Canada Evidence Act and the Competition Act (personal information obtained by fraud). It is intended to criminalize pretexting and obtaining personal information by fraud. Here's a summary:

SUMMARY

This enactment amends the Criminal Code to create the following criminal offences:

(a) obtaining personal information from a third party by a false pretence or by fraud;

(b) counselling a person to obtain personal information from a third party by a false pretence or by fraud; and

(c) selling or otherwise disclosing personal information obtained from a third party by a false pretence or by fraud.

It also amends the criminal offence of “personation with intent” to include fraudulent personation with intent to obtain any record containing personal information about a third party.

As well, the enactment amends the Canada Evidence Act to prohibit the admission into evidence of any personal information obtained by fraud, false pretence or fraudulent personation.

Finally, it amends the Competition Act to

(a) characterize the business of fraudulently obtaining personal information as an illegal trade practice;

(b) characterize the promotion of a product that is provided by means of fraud, false pretence or fraudulent personation as a false or misleading representation to the public; and

(c) provide for the recovery of damages from corporations within Canada affiliated with corporations outside Canada that have obtained personal information from third parties in Canada by fraud, false pretence, or personation.

Whether it will have any legs is anyone's guess.

Thanks to Michael Geist for the link:

Labels: information breaches, pretexting, privacy