About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

23 J.L. Inf. & Sci. 50 (2014-2015)
Real and Substantial Connections: Enforcing Canadian Privacy Laws against American Social Networking Campaigns

handle is hein.journals/jlinfos23 and id is 56 raw text is: 






       Real and Substantial Connections: Enforcing
    Canadian Privacy Laws Against American Social
                    Networking Companies

  COLIN J BENNETT*, CHRISTOPHER A PARSONS AND ADAM MOLNAR


Abstract

Any organisation that captures personal data in Canada for processing is deemed to
have a 'real and substantial connection' to Canada and thus fall within the
jurisdiction of the Personal Information Protection and Electronic Documents Act
(PIPEDA) and of the Office of the Privacy Commissioner of Canada (OPC). What
has been the experience of enforcing Canadian privacy protection law on US-based
social networking services? We analyse some of the high-profile enforcement actions
by the Privacy Commissioner. We also test compliance through an analysis of the
privacy policies of the top 23 SNSs operating in Canada and through the use of access
to personal information requests. Our analysis suggests that non-compliance is
widespread, and is explained by the countervailing conceptions of jurisdiction
inherent in corporate policy and technical system design.

Introduction

Canadian influence over global privacy and data protection standards has
been, and remains, important. The former Federal Privacy Commissioner,
Jennifer Stoddart, has been widely praised for her international leadership on
the issue. Furthermore, Canadian regulators have had some success in
enforcing compliance with Canadian privacy law against some of the largest
information brokers, including Google and Facebook. In a speech in 2011, the
Assistant Privacy Commissioner, Chantal Bernier, attributed Canadian
leadership in this area to Canada's hybrid privacy regime, its bilingualism, its
bijurism  (the blend   of common     law  and  civil law   traditions), its
multiculturalism, and to the independence of its provincial and federal
information and privacy commissioners.'

At the same time, the Canadian privacy regime is now increasingly pressured
by the internationalisation of data collection, sharing, and retention,
particularly by social networking services (SNSs), which are largely based in
the United States. Canadians are prolific users of SNSs, with 60 per cent of

   Department of Political Science, University of Victoria, Victoria, BC Canada.
   <cjb@uvic.ca>; <www.colinbennett.ca>.
   Chantal Bernier, 'Canada's Role and Influence in the Global Privacy Arena'
   (Address delivered at the AccessPrivacyH Conference, Toronto, 3 June 2011)
   <http://www.priv.gc.ca/media/sp-d/2011/sp-d_20110603 cb-e.asp>.


EAP I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most