Federal Court of Appeal issues a declaration in the Englander case

According to Mathew Englander's website, the Federal Court of Appeal today issued its decision with respect to his remedy. There was no order issued, but the Court did declare that Telus had contravened PIPEDA. Stay tuned for a link to the decision and some commentary on it.

Mathew Englander, privacy advocate:

"UPDATE: On February 10, 2005 the Court issued its decision on remedy. The Court declined to order Telus to comply with the Act in future, but issued a judicial declaration that Telus had contravened the Act in the past.

The Court held that Telus has infringed PIPEDA in not informing its first-time customers, at the time of enrolment, of all the purposes for which their personal information is collected and in not informing them at that time of non-published number service. On the other issue, the Court held that the fee Telus charges does not infringe the Act.

This is the first time a court has ruled that an organization breached PIPEDA."

Update: Mathew has put the decision on his site at http://www.mathew-englander.ca/fca-order-09feb2005/