“Dot”: Old English. A spot. A mark. A period used in applications as a name separator in files and web addresses. “Indicia”: Latin. Signs, indications, evidence. “Dot Indicia”: A personal blog examining marks and signs in our world about information, privacy and security.
If you follow privacy law, you’ve probably heard about the case of U.S. v. Jones. This American decision, issued last week, is the US Supreme Court’s latest take on technology and privacy. A 9-0 decision, the justices got to the same place by different routes. Unfortunately, for a GPS-related decision, it turns out not to be a final destination but a waypoint. Read more »
I had the the pleasure of serving as the keynote speaker at Dalhousie University’s 2012 Data Privacy Day last Wednesday in Halifax. My topic was eHealth and Privacy: Issues & Implications For Society. I’m informed a webcast will be posted at some point so if you’re interested, I’ll post the URL when I receive it. The organizers, led by John Bullock, are to be commended for creating an interesting and informative event (with a number of good speakers) for a full house of 200+ people.
Ontario’s Court of Appeal has issued its decision in Jones v Tsige and the result recognizes a common law tort of invasion of privacy. More technically, the court recognized a “right of action for intrusion upon seclusion” – one of several aspects of privacy. Read more »
Under PIPEDA, “lawful authority” arises as a preliminary matter when an organization is approached for a request for personal information by a “government institution or part thereof”. While a “clarification” of “lawful authority” is one of the proposed amendments to PIPEDA, the issue is really about whether organizations should disclose to law enforcement authorities. While consent to disclose personal information may not be necessary, disclosure by the organization is still voluntary. When and how should organizations cooperate with law enforcement authorities? Read more »
There were a number of letters, news items and posts this past week about the new lawful access proposals before Canada’s Parliament. While the focus has been on telcos and the data they hold, it is important to note that there are also other “access” proposals – ones that significantly change the Personal Information Protection and Electronic Documents Act (“PIPEDA”) when it comes to the disclosure of information. Read more »
It is somewhat fitting that Halloween and the anniversary of the enactment of the PATRIOT Act are close together. In Canada, the latter, which turned 10 last week, has come to embody fear about government access to personal information. The troubling part is that this fear may needlessly complicate life for everyone in this country. Read more »
A “tipping point” is the culmination of small events that cause a significant change. Malcolm Gladwell tells us it comes from the world of epidemiology: that point in time in an epidemic where a virus reaches critical mass. Have we now seen the tipping point where business takes cybersecurity far more seriously than ever before? Read more »
Tort law in Canada may take a new privacy-related turn if a recent press report is to be believed. Read more »
Canadian courts are increasingly taking up the subject of privacy and two judicial decisions issued this year in Alberta, Canada’s Wild Rose Country, do make you wonder how privacy law will evolve in this country.
The phrase “you are what you eat” popped into my head as I began this blog post. It might be better to say “you are what you consume” and truer words were never spoken when one considers technology, analytics, and the measurement of electricity consumption. New metering technology — labeled “smart grid” — and the privacy implications associated with it have already generated (no pun intended) a lot of text, presentations and concerns. Read more »
