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The
author of this blog, David T.S. Fraser, is a Canadian privacy lawyer
who practices with the Canadian firm of McInnes
Cooper. He is counsel to National Privacy
Services Inc. and 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.
I am not able to provide free legal advice. If you are seeking advice on Canadian privacy law matters, contact David T.S. Fraser but any unsolicited information sent cannot be considered to be solicitor-client privileged.
Small Print
The views expressed herein are solely the author's and should not be attributed to his employer or their 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.
Privacy Legislation and Regulators
Fed.
- Public Sector: Privacy Act
- Private Sector: Personal Information Protection and Electronic Documents Act (PIPEDA)
- Health Information: N/A
- Authority: Privacy Commissioner of Canada
AB
- Public Sector: Freedom of Information and Protection of Privacy Act
- Private Sector: Personal Information Protection Act *
- (Regulations)
- Health Information: Health Information Act (HIA)
- Authority: Office of the Information and Privacy Commissioner (OIPC)
BC
- Public Sector: Freedom of Information and Protection of Privacy Act
- Private Sector: Personal Information Protection Act * (PIPA) (Regulations)
- Health Information: N/A
- Authority: Office of the Information & Privacy Commissioner
MB
- Public Sector: Freedom of Information and Protection of Privacy Act
- Personal Health and Information Act
- Private Sector: PIPEDA Applies
- Health Information: Personal Health Information Act (PHIA)
- Authority: Ombudsman Manitoba: Access and Privacy Division
NB
- Public Sector: Protection of Personal Information Act
- Private Sector: PIPEDA Applies
- Health Information: N/A
- Authority:
NL
- Public Sector: Access to Information and Protection of Privacy Act
- Private Sector: PIPEDA Applies
- Health Information: N/A
- Authority: N/A
NS
- Public Sector: Freedom of Information and Protection of Privacy Act
- Private Sector: PIPEDA Applies
- Health Information: N/A
- FOIPOP Review Office
ON
- Public Sector: Freedom of Information and Protection of Privacy Act
- Private Sector: PIPEDA Applies
- Health Information: Personal Health Information Protection Act (PHIPA)
- Authority: Information & Privacy Commissioner of Ontario
QC
- Public Sector: An Act respecting Access to documents held by public bodies and the Protection of personal information
- Private Sector: An Act respecting the protection of personal information in the private sector *
- Health Information: N/A
- Authority: The Commission d'acc?s ?l'information du Qu?bec - The CAI
SK
- Public Sector: Freedom of Information and Protection of Privacy Act
- Private Sector: PIPEDA Applies
- Health Information: Health Information Protection Act (HIPA)
- Authority: Information and Privacy Commissioner
YK
- Public Sector: Access to Information and Protection of Privacy Act
- Private Sector: PIPEDA Applies
- Health Information: N/A
- Authority: Yukon Ombudsman
* Provincial legislation has been declared by the Governor in Council to be "substantially similar" to the Personal Information Protection and Electronic Documents Act.
Useful guides
Treasury Board Secretariat (Canada)
- Privacy Impact Assessment - Policies and Publications
- Privacy Impact Assessment Policy
- Privacy Impact Assessment Guidelines: A Framework to Manage Privacy Risks
Canadian Government
- Privacy for Business
- Electronic Commerce Policy | Electronic Commerce Task Force| Privacy
- Electronic Commerce Policy | Electronic Commerce Task Force | Privacy | Health Sector
Non-Canada: Multilateral
European Data Protection Directive
- EU - Data protection - Homepage
- EU - Data protection - Legislative documents
- Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data
- Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)
- Model Contracts for the transfer of personal data to third countries
Organisation for Economic Cooperation and Development
- OECD Information Security and Privacy Homepage
- OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data (English)
- 2002 OECD Guidelines for the Security of Information Systems and Networks: Towards a Culture of Security (View long abstract) (English doc)
- 2002 Security Guidelines - Q&A
- Implementation Plan for the OECD Security Guidelines)
- OECD Privacy Statement Generator
Non-Canada: Individual Countries
United States of America
- Public Sector
- Health Information
- Financial Information
- Gramm Leach Bliley Act (GLB) (PL 106-102) [Text] [PDF]
- Subtitle A: Disclosure of Nonpublic Personal Information - 15 U.S.C. ?6801-6809 (Financial Privacy)
- Subtitle B: Fraudulent Access to Financial Information - 15 U.S.C. ?6821-6827 (Pretexting)
United Kingdom
France
Germany
Practices and Policies
Privacy Impact Assessments
Treasury Board Secretariat (Canada)
- Privacy Impact Assessment - Policies and Publications
- Privacy Impact Assessment Policy
- Privacy Impact Assessment Guidelines: A Framework to Manage Privacy Risks
Governments
- British Columbia Office of the Information and Privacy Commissioner - Privacy Impact Assessment Tool (Direct Link)
- Alberta Office of the Information and Privacy Commissioner - PIA Homepage (Template)
Other
- Roger Clarke's Privacy Impact Assessments
- Privacy Impact Assessment – Obligation or Opportunity: The Choice is Ours - Paper From DataPrivacy.Com
- Managing Privacy & Security Risks Through Architecture Design: An Enterprise Privacy View - PowerPoint From DataPrivacy.Com
Chief Privacy Officers
- Sample CPO job description
- A Primer for Your Chief Privacy Officer (CPO)
- Business 2.0 - Web Guide - CPOs (Chief Privacy Officers)
- BusinessWeek Online - The Rise of the Chief Privacy Officer (December 14, 2000)
Articles
David T.S. Fraser
- for a full selection of privacy law articles and presentations, see David T.S. Fraser's privacy law articles
Others
- Warren and Brandeis, "The Right to Privacy" - The oft' quoted Harvard Law Review article
- The Chief Privacy Officer: PricewaterhouseCoopers Surveys an Emerging Role
- A Primer for Your Chief Privacy Officer (CPO)
- The IP Address: Your Internet Identity
- Damages for Breaches of Privacy, Legal Authorizations and Mergers and Takeovers in U.S. Law
- Protecting Privacy in the New Millennium: THE FALLACY OF "OPT-IN"
Organizations and Advocacy Groups
- Privacy.Net - The Consumer Information Organization
- Privacy.org - The Source for News, Information, and Action
- Privacilla.org - Libertarian Privacy Rights Virtual Thinktank
- PrivacyRights.org - Privacy Rights Clearinghouse
- Public Interest Advocacy Centre - Privacy rights page
Link pages
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- Anonymizer Enterprise - IP Blocker & IP Spoofing Utilities to Hide IP Address