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, February 06, 2007
Federal Court orders Privacy Commissioner to investigate American company
Yesterday, the Federal Court of Canada released what is an important decision related to the jurisdiction of the Federal Privacy Commissioner to investigate organizations outside of Canada, but are trafficking in the personal information of Canadians. Phillipa Lawson, of the University of Ontario, filed a complaint against Abika.com after she ordered, paid for and obtained her own personal information from the information broker. She then complained to the Privacy Commissioner of Canada under PIPEDA. The Commissioner declined to investigate saying that the legislation does not extend to investigating organizations located only in the United States.
Phillipa Lawson sought judicial review of the decision not to investigate and the Federal Court agreed. It concluded that the Privacy Commissioner confused her power to investigate with the effectiveness of the investigation. (Abika refused to participate in the investigation.)
The conclusion of the decision says it all: "In conclusion, PIPEDA gives the Privacy Commissioner jurisdiction to investigate complaints relating to the transborder flow of personal information."
Thanks to Michael Geist for the link.
For additional background, see here.
Labels: privacy
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