a year in privacy: highlights for the courts and the commissioner

7
A Year in Privacy Highlights from the Courts and the Commissioner elder Communications & Privacy Law 12 May 2010 © David Elder 2010 1 Meeting Your Privacy Obligations, Canadian Institute, Toronto

Upload: eldercomlaw

Post on 18-Jul-2015

272 views

Category:

Documents


2 download

TRANSCRIPT

Page 1: A Year in Privacy: Highlights for the Courts and the Commissioner

A Year in Privacy

Highlights from the Courts and the Commissioner

elderCommunications & Privacy Law

12 May 2010 © David Elder 2010 1

Meeting Your Privacy Obligations, Canadian Institute, Toronto

Page 2: A Year in Privacy: Highlights for the Courts and the Commissioner

The Blockbusters

FacebookCase Summary #2009-010

Ads not always “secondary purposes” Issues with third party applications, deletion/deactivation, protection of info re

deceased users and non-users

AbikaCase Summary #2009-009

Principle 4.6 intended primarily to address matters of objective, verifiable fact, not subjective opinion

Collection without consent, no disclosed purposes

Deep Packet Inspection Case Summary #2009-010

Use of DPI for network management purposes is acceptable with appropriate notice and implied consent,

12 May 2010 © David Elder 2010 2

Page 3: A Year in Privacy: Highlights for the Courts and the Commissioner

Festival Circuit

Data Augmentation (Case Summary #2009-004)

Matching/sorting of publicly available personal information with geo-demographic data does not require consent

Publicly Available Information (Case Summary #2009-13)

eMail address posted on website may be “public available information”

ID Verification (Case Summary # 2009-012)

Verification of non-suspicious ID not required

Compliance with Subpoena or Warrant (Case Summary # 2009-005)

Summons requiring appearance in court does not authorize direct disclosure of personal information without consent

Consent for Collection (Case Summary #2009-007)

Innocent 3d parties filmed by PI Consent or depersonalization required

12 May 2010 © David Elder 2010 3

Page 4: A Year in Privacy: Highlights for the Courts and the Commissioner

B Movies & Made-for-TV

• Bus terminal video surveillance OK with noticeCase Summary #2009-001

• Realtor advertises condo purchase price without consentCase Summary #2009-002

• Disclosure by insurer to 3rd party medical consultants of claimant’s medical files

Case Summary #2009-003

• Airline need not collect birth date and month for travel insuranceCase Summary #2009-006

• MDT and GPS in buses OK – not used to monitor employee performance

Case Summary 2009-011

• Driver’s Licence collection not required for store membershipCase Summary #2009-14

12 May 2010 © David Elder 2010 4

Page 5: A Year in Privacy: Highlights for the Courts and the Commissioner

From the Bench

State Farm v. The Privacy Commissioner of Canada et al., Federal Court of Canada T-604-09 (pending) Does “commercial activity” require a direct commercial relationship

between individual and organization? Is PIPEDA beyond jurisdiction of Parliament?

Privacy Commissioner of Canada v. Air Canada, 2010 FC 429 (T.D.) OPC has no right to particulars of information for which privilege

claimed

R v. Wilson, [2009] O.J. No. 1067 (S.C.J.) (QL) No reasonable expectation of privacy, for Charter purposes, where

service provider agreement, privacy policy contemplates disclosure to law enforcement

12 May 2010 © David Elder 2010 5

Page 6: A Year in Privacy: Highlights for the Courts and the Commissioner

From the Bench

R. v. Chehil, [2009] N.S. J. No. 505 (N.S.C.A) (QL), 2009 NSCA 111, 248 C.C.C. (3d) 370 PIPEDA does not create a reasonable expectation of privacy for purposes

of s.8 - Charter protection only for “biographical core” or specific and meaningful private information

Waxer v. McCarthy [2009] F.C.J. No. 252 (T.D.) (QL) unsuccessful attempt to collect personal information did not amount to

collection under Act

Speevak v. CIBC , [2010] O.J. No. 770 (QL), 2010 ONSC 1128 Settled class action respecting repeatedly misdirected faxes containing

sensitive financial information

12 May 2010 © David Elder 2010 6

Page 7: A Year in Privacy: Highlights for the Courts and the Commissioner

12 May 2010 © David Elder 2010 7

elderCommunications & Privacy Law

www.davidelder.ca