Teresa Scassa - Blog

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Some years ago, a reporter from the Toronto Star filed an access to information request to obtain the names of the top 100 physician billers to Ontario’s Health Insurance Program (OHIP). She also sought the amounts billed, and the physicians’ fields of specialization. The information was in the hands of the Ministry of Health and Long-Term Care, and the request was made under Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA). The Ministry…

A recent Finding from the Office of the Privacy Commissioner of Canada contains a consideration of the meaning of “publicly available information”, particularly as it relates to social media profiles. This issue is particularly significant given a recent recommendation by the ETHI committee in its Report on PIPEDA reform. PIPEDA currently contains a very narrowly framed exception to the requirement of consent for “publicly available information”. ETHI had recommended amending the definition to make it…

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