Englander v. Telus: Protection of Privacy in the Private Sector Goes to the Federal Court of Appeal

2016 ◽  
Author(s):  
Marc-Aurele Racicot

These days, is there a topic more significant and provocative than the protection of privacy in the private sector? The importance of this topic has been highlighted since the Canadian Parliament adopted the Personal Information Protection and Electronic Documents Act which came into full force on 1 January 2004 and which is scheduled for review in 2006. Although it seems that everywhere we turn, the word "privacy" and its companion PIPEDA are at centre stage, many say that this attention is unwarranted and a knee-jerk reaction to the information age where one can run but cannot hide. Like it or not, we are subject to the prying eyes of cameras in public places, the tracking and trailing of Internet activities, the selling of address lists and other such listings, and the synthesizing by marketers of frightful amounts of personal information that, when pulled together, reveals a lot about our personal life, our ancestry, our relationships, our interests and our spending habits.

Author(s):  
Motohiro Tsuchiya

The Japanese legal system has been based on the German legal system since the mid-nineteenth century, but the American legal system was grafted onto it following Japan’s defeat in World War II in 1945. The postwar Constitution contained an article regarding the secrecy of communications and protected privacy in terms of respect of individuals. Now, as the Personal Information Protection Law in the Executive Branch, which was enacted in 1988, and the Personal Information Protection Law, which was enacted in 2003, strictly regulate privacy, there have been fewer problematic cases regarding governmental access to private-sector data. Data gathering for law enforcement or intelligence activities has also been weaker following World War II. Private-sector corporations/organizations might share data with government agencies, but based on voluntary arrangements, not by any mandatory system. More focus is being cast not on governmental access to private-sector data, but on citizen’s access to data.


Author(s):  
Jane Bailey ◽  
Sara Shayan

This chapter focuses on Canadian law as it applies to government access to private-sector data. The Canadian Charter of Rights and Freedoms implicitly provides constitutional protection of privacy by prohibiting unreasonable search and seizure by the state (s. 8) and by limiting government intrusion on life, liberty and security of the person (s. 7). With some exceptions, the Charter requires law enforcement agencies to seek prior authorization before accessing personal information. However, Canada’s national security intelligence agencies are subject to more relaxed standards. The Privacy Act regulates federal government institutions’ relationship with personal information, whereas the private sector is regulated by the Personal Information and Protection of Electronic Documents Act. However, numerous exceptions in both statutes allow for (and in some cases encourage), information sharing between private-sector and state entities.


2021 ◽  
Author(s):  
Hayley Fuller

This MRP examines user expectations of online privacy in relation to how Facebook represents privacy in their Statement of Rights and Responsibilities. The prevalence and ubiquity of online social networking sites like Facebook have caused academics and individuals alike to reexamine their understandings and expectations of privacy in relation to online settings. As such, the specific purpose of this study is to better understand how the concept of privacy may be understood differently by social network users and the social networks themselves. In this paper I use the Fair Information Principles (FIPs) set out in the Personal Information Protection and Electronic Documents Act (PIPEDA) to analyze user comments made in relation to proposed changes to Facebook’s Statement of Rights and Responsibilities. I find that both Facebook and users share a focus on concerns regarding limiting the use/disclosure/retention of personal information, and consent to have this information collected, and that users pay particular attention to Section 2.3 of the Statement of Rights and Responsibilities. I show that Facebook represents privacy conceptually in the Statement of Rights and Responsibility as in/accessibility, while users expect privacy to be enforced as data-control.


2021 ◽  
Author(s):  
Hayley Fuller

This MRP examines user expectations of online privacy in relation to how Facebook represents privacy in their Statement of Rights and Responsibilities. The prevalence and ubiquity of online social networking sites like Facebook have caused academics and individuals alike to reexamine their understandings and expectations of privacy in relation to online settings. As such, the specific purpose of this study is to better understand how the concept of privacy may be understood differently by social network users and the social networks themselves. In this paper I use the Fair Information Principles (FIPs) set out in the Personal Information Protection and Electronic Documents Act (PIPEDA) to analyze user comments made in relation to proposed changes to Facebook’s Statement of Rights and Responsibilities. I find that both Facebook and users share a focus on concerns regarding limiting the use/disclosure/retention of personal information, and consent to have this information collected, and that users pay particular attention to Section 2.3 of the Statement of Rights and Responsibilities. I show that Facebook represents privacy conceptually in the Statement of Rights and Responsibility as in/accessibility, while users expect privacy to be enforced as data-control.


2020 ◽  
Vol 17 (01) ◽  
Author(s):  
Sumedha Sachar ◽  
Maïa Dakessian ◽  
Saina Beitari ◽  
Saishree Badrinarayanan

Artificial intelligence (AI) and machine learning (ML) have the potential to revolutionize the healthcare system with their immense potential to diagnose, personalize treatments, and reduce physician burnout. These technologies are highly dependent on large datasets to learn from and require data sharing across organizations for reliable and efficient predictive analysis. However, adoption of AI/ML technologies will require policy imperatives to address the challenges of data privacy, accountability, and bias. To form a regulatory framework, we propose that algorithms should be interpretable and that companies that utilize a black box model for their algorithms be held accountable for the output of their ML systems. To aid in increasing accountability and reducing bias, physicians can be educated about the inherent bias that can be generated from the ML system. We further discuss the potential benefits and disadvantages of existing privacy standards ((Personal Information Protection and Electronic Documents Act) PIPEDA and (Personal Information Protection and Electronic Documents Act) GDPR) at the federal, provincial and territorial levels. We emphasize responsible implementation of AI by ethics, skill-building, and minimizing data privacy breaches while boosting innovation and increased accessibility and interoperability across provinces.


2019 ◽  
Vol 44 (2) ◽  
Author(s):  
Jonathan A. Obar

The problematic presumption that users can control the vast consent and data-management responsibilities associated with big data is referred to as the fallacy of data privacy self-management. Though untenable, this presumption remains fundamental to Canadian privacy law, exemplified in the individual access principle of the Personal Information Protection and Electronic Documents Act governing commercial data management. This article describes the fallacy, critiques the individual access principle, and introduces potential solutions relevant to Canada’s digital strategy. On peut qualifier d’« illusion de maîtrise sur ses données privées » cette présomption qu’ont les utilisateurs de pouvoir assumer les vastes responsabilités de gestion et de consentement associées aux mégadonnées. Cette présomption, bien qu’elle soit sans fondement, demeure fondamentale dans les lois canadiennes sur la protection de la vie privée. Par exemple, pour la gestion de données commerciales, la Loi sur la protection des renseignements personnels et les documents électroniques (LPRPDE) se base sur un principe erroné d’accès individuel. Cet article décrit l’illusion de maîtrise sur ses données personnelles, critique le principe d’accès individuel, et propose des solutions pour améliorer la stratégie numérique canadienne.


2020 ◽  
Vol 10 (2) ◽  
pp. 27-35
Author(s):  
Suhyeon Kim ◽  
Sumin Kang ◽  
Jaein Yoo ◽  
Gahyeon Lee ◽  
Hyojeong Yi ◽  
...  

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