News

  • Making Privacy Laws Work
    - 2004-12-04 -
    The federal Personal Information Protection and Electronic Documents Act ("PIPEDA") sets out a number of rules for protecting personal information - defined as "information about an identifiable individual", but excluding employee contact information. These rules are applicable to all organizations that collect, use or disclose personal information in the course of commercial activities, except those operating within the provinces of Quebec, B.C., and Alberta, where organizations are subject to substantially similar provincial laws. These laws require, among other things, that organizations obtain the consent of individuals to any collection, use or disclosure of their personal information, except in specific circumstances such as law enforcement or emergencies.
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  • File-sharing Lawsuits
    - 2004-12-03 -
    CIPPIC has been actively opposing the record industry's attempts to obtain names and contact information for alleged file-sharers. The Federal Court of Appeal rejected the industry's initial attempt to disclose the identities of the first batch of John and Jane Does the industry sued, but the Court of Appeal also instructed the industry on the requirements it must satisfy in future applications. The industry has stated that it will launch a new round of lawsuits. See our webpage on the Canadian file-sharing lawsuits, and our webpages on file-sharing generally, and online anonymity and John Doe lawsuits. If you think that the record industry should not be suing music fans for file-sharing, you can write to the Canadian Recording Industry Association, expressing your views. Court Documents.
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  • Privacy Commissioner Wades In on Copyright Revision
    - 2004-11-26 -
    The Privacy Commissioner of Canada has indicated her intent to become involved in the process to amend Canada's copyright laws. In a letter to CIPPIC dated November 24, 2004, and responding to CIPPIC's earlier request to address the privacy implications of proposed copyright legislation, the Commissioner stated that the Privacy Commission "would oppose legislation or legislative amendments that conferred unjustified privacy-invasive surveillance powers upon digital copyright holders. However, we have not as yet been consulted by either Heritage Canada or Industry Canada officials regarding the proposed legislation referred to in your letter. I have instructed my staff to initiate a dialogue with these departments to ensure that privacy risks are identified and addressed."
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  • Federal Court of Appeal rules on telecom privacy case
    - 2004-11-22 -
    In a decision dated Nov.17, 2004, the Federal Court of Appeal ruled that Telus Communications Inc. violated its subscribers\' right to privacy under the Personal Information Protection and Electronic Documents Act ("PIPEDA") by failing to obtain consent prior to the publishing of subscriber data in the telephone book, as well as to making it available via online and other databases. In Mathew Englander v. Telus Communications Inc., the Court also ruled that the CRTC decision to permit Telus and other phone companies to charge $2 per month for unlisted service was reviewable by way of application under PIPEDA, but did not violate any statutory privacy protections.
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  • David Fewer, LL.M., joins CIPPIC as Legal Counsel
    - 2004-11-12 -
    CIPPIC is pleased to announce the hiring of David Fewer, LL.M., to fill the clinic\'s new legal counsel position. David brings to CIPPIC a strong background in technology and intellectual property law. After completing an LL.M. at the University of Toronto in 1997, where he wrote an award-winning article on the application of s.2(b) of the Charter to copyright law, David practised IP and technology law in British Columbia and later, Ontario. He also found time to teach a course at UBC and to clerk for the Associate Chief Justice of the Federal Court of Canada. David will be leading CIPPIC\'s advocacy on intellectual property-related files.
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  • CIPPIC urges Privacy Commissioner to investigate DRM
    - 2004-11-04 -
    As Parliament considers legislated protection of Digital Rights Management (DRM) technologies (designed to detect and stop copying of digital works), CIPPIC is calling on the Privacy Commissioner of Canada to conduct a privacy impact assessment of these technologies. In its letter, CIPPIC points out that the continuous information collection and surveillance functions of DRM can provide owners with highly detailed and previously unavailable information about the reading, listening and viewing habits of end users. We also highlight various ways in which certain uses of these technologies may be violating federal privacy legislation. This unprecedented threat to consumer privacy deserves immediate attention, before it becomes further entrenched.
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  • CIPPIC appears before Senate Committee on copyright issue
    - 2004-11-03 -
    CIPPIC Associate Alex Cameron presented a brief to the Senate Standing Committee on Social Affairs, Science and Technology on Bill S-9, proposed amendments to the Copyright Act that would give photographers first ownership of copyright in the photographs they take.
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  • CIPPIC announces pro bono arrangement with Fogler, Rubinoff LLP Technology Law Group
    - 2004-10-26 -
    The Technology Law Group of Fogler, Rubinoff LLP has agreed to provide CIPPIC with ongoing pro bono legal services on various aspects of CIPPC\'s legal work, including issue analysis, client advice, public educational materials and litigation. FR\'s Technology Law Group lawyers will assist CIPPIC counsel in the review of student work and the preparation of materials for use in casework, project work and on content for the CIPPIC website. "This wonderful donation of time and expertise will increase our capacity and help us to continue producing high quality work in a timely way", said Philippa Lawson, Executive Director of CIPPIC. FR is a Toronto based full service law firm that works with established and emerging businesses and with individuals. Of its arrangement with CIPPIC, Gary Bouchard, LL.B., Head of FR\'s Technology Law Group, said: "In its short history, Ms. Lawson and her team at CIPPIC have already made very positive contributions to the development of technology law issues in Canada. We are extremely pleased to be able to lend our support to CIPPIC\'s activities."
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  • Senator Oliver reintroduces anti-spam bill
    - 2004-10-20 -
    Senator Donald Oliver has re-introduced his private member\'s bill to prevent unsolicited messages on the Internet. Bill S-15 would initiate a number of measures, including a national "Do Not Spam" registry, offences for sending messages to addresses in the registry, a civil right of action against spammers, and the establishment of a body to regulate ISP practices as they affect spam.
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  • BC Government responds to USA PATRIOT Act threat with stronger privacy laws
    - 2004-10-08 -
    The BC Government has introduced amendments to its privacy legislation in a move designed to address concerns that US authorities can secretly access BC residents\' private medical records if those records are outsourced to private companies with US links. The amendments restrict public bodies and service providers to whom they outsource from storing, accessing or disclosing personal information outside Canada. Unauthorized disclosure would be an offence subject to fines ranging from $2,000 for an individual to up to $500,000 for a corporation. The new law would also require reporting of foreign demands for disclosure of personal information, and would protect "whistleblowers" from retribution for such reporting.
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