[IP] Debating Canada's privacy legislation
Delivered-To: dfarber+@xxxxxxxxxxxxxxxxxx
Date: Mon, 02 Feb 2004 06:23:03 -0500
From: Michael Geist <mgeist@xxxxxxxxx>
Subject: Debating Canada's privacy legislation
X-Sender: mgeist@xxxxxxxxxxxxxxxxxx
To: dave@xxxxxxxxxx
Dave,
A couple of weeks ago, I ran a column defending Canada's privacy
legislation, which has recently come under constitutional attack. The
defense of PIPEDA column raised some significant debate which continues in
Canada. In today's Toronto Star, the paper features a rebuttal of that
column by Richard Owens of the University of Toronto along with my
response. Owens argues that PIPEDA "tarnishes lawmaking, impedes business
unnecessarily and threatens constitutional disorder", while I continue to
defend the privacy statute, maintaining that the historical record
suggests that business actively supported the law and the establishment of
a national standard in its current form.
Original column is at
<http://shorl.com/dukuhagytrasu> [Toronto Star]
Owens rebuttal at
<http://www.shorl.com/habreryjiprano> [Toronto Star]
Federal privacy law is a dog's breakfast
RICHARD OWENS
SPECIAL TO THE STAR
The costs of the Quebec government's constitutional challenge to the
federal privacy law are too high, Michael Geist argued in his Jan. 19
column in this newspaper. He fears the consequence, that the law may be
struck down and replaced with a patchwork of provincial laws.
But are those costs really too high? There are several good reasons to
doubt it. The federal legislation does its job poorly; provincial
legislatures might offer legislation that does the job better; and the
structure of the federal legislation itself encourages a patchwork of laws.
[snip]
Geist response at
<http://www.shorl.com/habykihevadu> [Toronto Star]
Canada badly needs a national standard
MICHAEL GEIST
LAW BYTES
The costs associated with privacy protection have long been a source of
considerable debate. Ann Cavoukian, Ontario's Privacy Commissioner, who
together with the Toronto Star's Tyler Hamilton wrote The Privacy
Payoff,maintains that good privacy practices are actually good for business.
In my column of January 19, I argued maintaining a federal privacy law was
essential since the provincial mish-mash of laws that would fill the void
would create uncertainty and costs for the business and privacy communities.
[snip]
MG
**********************************************************************
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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