Article: U.S. laws put Canadian privacy at risk

You can always count on Michael Geist to provide good commentary on privacy issues. His latest LawBytes article in the Toronto Star adds to the debate about the collision between the USA Patriot Act (among others) and Canadian privacy laws:

TheStar.com - U.S. laws put Canadian privacy at risk:

"Although it has garnered only limited attention in the rest of the country, for the past few months the British Columbia privacy and information technology communities have been embroiled in a high-stakes issue that raises difficult questions about the effectiveness of Canadian privacy law and the potential threat posed by data outsourcing to the United States. "

One thing that we shouldn't forget is that PIPEDA gives Canadian law enforcement access to Canadian personal information without consent and without notice to the individual concerned.

7(3) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may disclose personal information without the knowledge or consent of the individual only if the disclosure is

(c) required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records;

(c.1) made to a government institution or part of a government institution that has made a request for the information, identified its lawful authority to obtain the information and indicated that

(i) it suspects that the information relates to national security, the defence of Canada or the conduct of international affairs,

(ii) the disclosure is requested for the purpose of enforcing any law of Canada, a province or a foreign jurisdiction, carrying out an investigation relating to the enforcement of any such law or gathering intelligence for the purpose of enforcing any such law, or

(iii) the disclosure is requested for the purpose of administering any law of Canada or a province;

(c.2) made to the government institution mentioned in section 7 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as required by that section;

*(c.2) made to the government institution mentioned in section 7 of the Proceeds of Crime (Money Laundering) Act as required by that section; *[Note: Paragraph 7(3)(c.2), as enacted by paragraph 97(1)(a) of chapter 17 of the Statutes of Canada, 2000, will be repealed at a later date.]

(d) made on the initiative of the organization to an investigative body, a government institution or a part of a government institution and the organization

(i) has reasonable grounds to believe that the information relates to a breach of an agreement or a contravention of the laws of Canada, a province or a foreign jurisdiction that has been, is being or is about to be committed, or

(ii) suspects that the information relates to national security, the defence of Canada or the conduct of international affairs;