[IP] Quebec readies constitutional challenge to Canadian privacy law
Delivered-To: dfarber+@xxxxxxxxxxxxxxxxxx
Date: Tue, 30 Dec 2003 08:46:10 -0500
From: Michael Geist <mgeist@xxxxxxxxx>
Subject: Quebec readies constitutional challenge to Canadian privacy law
X-Sender: mgeist@xxxxxxxxxxxxxxxxxx
To: dave@xxxxxxxxxx
<http://www.torontostar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1072739408672&call_pageid=968332188492&col=968793972154>
Federal privacy law to face legal challenge
Tyler Hamilton
Business Reporter
The Quebec government is preparing a constitutional challenge against a new
federal privacy law that governs how businesses manage and protect customer
information, the Star has learned.
With just two days left before the new federal privacy rules go into force,
the Quebec Court of Appeal has cleared the way for the province's
attorney-general to contest the "constitutional validity" of the Personal
Information Protection and Electronic Documents Act, a law that will apply
to any business in a province that doesn't already have its own
private-sector privacy legislation.
The province's position, outlined in a Dec. 17 Quebec Court of Appeal order
obtained by the Star and translated into English, is that the federal law
"interferes with Quebec's constitutional competence in matters of civil
rights" and that the federal government has exceeded its jurisdiction.
...
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Professor Michael A. Geist
Canada Research Chair in Internet and E-commerce Law
University of Ottawa Law School, Common Law Section
Technology Counsel, Osler, Hoskin & Harcourt LLP
57 Louis Pasteur St., P.O. Box 450, Stn. A, Ottawa, Ontario, K1N 6N5
Tel: 613-562-5800, x3319 Fax: 613-562-5124
mgeist@xxxxxxxxx http://www.michaelgeist.ca
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