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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.

Wednesday, May 02, 2007

Alberta order on consent and withdrawal thereof

A new and interesting Order from Alberta:

Order P2007-003
Two Complainants brought complaints under the Personal Information Protection Act with respect to the collection, use and disclosure of their personal information by International Stereo Ltd., (now operating as Urban Audio Video Inc.) (the “Retailer”). The information had been collected by the Retailer and then conveyed to Wells Fargo Financial Corporation of Canada, so as to permit the latter organization to conduct credit checks for determining whether it would grant credit for buying the Retailer’s merchandise. Although the Complainants signed applications containing clauses consenting to use of personal information for credit checks, they said they had been assured their personal information would not be used in this way. They also said they had been led to believe the cards for which they applied would allow them to get 10% discounts on purchases. As well, one of them complained that his request to withdraw his application had been refused.
The Adjudicator found that the Retailer collected, used and disclosed the Complainants’ personal information in violation of section 7 of the Act (collection, use and disclosure without consent), that it failed to provide adequate notification of the purpose for collection in contravention of section 13, and that it failed to cease collecting, using or disclosing the personal information after consent had been withdrawn, in violation of section 9(4).

Labels: alberta, breach notification, pipa, privacy, retail