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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, September 12, 2007

Ontario Commissioner issues unprecedented order against used goods vendors databases

In an apparently unprecedented move, the Information and Privacy Commissioner for Ontario, Ann Cavoukian, has issued a cease and desist order and an order to destroy personal information related to the collection of personal information from people who sell second hand goods to resellers. This follows a battles in the Ontario courts, where the Commissioner's position was ultimately upheld by the Court of Appeal (See: Canadian Privacy Law Blog: Oshawa second-hand store bylaw invades privacy). For more info from the Commissioner's office, see: Privacy Commissioner Ann Cavoukian issues seminal Order to cease collecting detailed personal information from individuals selling used goods, and to destroy all existing records.

I think this is a very important move on the part of the Commissioner.

We are seeing a growing trend in Canada that forces some serious thought about privacy. Private businesses are increasingly being conscripted to collect information on behalf of law enforcement or for law enforcement purposes. For example, money laundering legislation, no-fly lists operated by airlines, "lawful access" and databases of used goods sellers. Meanwhile, the Privacy Commissioners and privacy advocates are taking a stronger stand against this. We've seen various statements and submissions to legislative committees, unanimous declarations against the no-fly list and now the exercise of dramatic coersive powers. It will be very interesting to see how this all plays out.

Labels: air travel, law enforcement, lawful access, ontario, privacy, public sector, surveillance