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Blog
Monday, 11 November 2013 11:08
Federal Court Decisions Signals Shift in Approach to Damages for Privacy Breaches?Written by Teresa Scassa
A recent decision of the Federal Court of Canada may demonstrate a new willingness to give greater bite to the rather limited recourses available under federal data protection legislation for privacy breaches. A chronic problem with private sector data protection law in Canada has been the rather impoverished remedial arsenal available to address privacy breaches. In those contexts where the Personal Information Protection and Electronic Documents Act (PIPEDA) applies, for example, the Federal Privacy Commissioner…
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Privacy
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The Global Open Data Initiative, a civil-society led organization, is seeking feedback on its Citizen Call to Action on Open Data. Comments must be provided by November 8, 2013. The Citizen Call to Action is part of a drive to engage citizens in the goals of the open data movement, notably in promoting transparent and accountable government through free access to a broad range of government data in reusable formats. The Declaration around which the Call to Action is based calls for governments to take a number of steps considered crucial to fostering open data. The first is to make government data open by default. In other words, unless there is some reason to limit access to data, it should be made freely available, in reusable formats. The Declaration also calls on governments to engage users of data in the process of designing and implementing open data. Engagement can include involving users in identifying priority data sets and in designing initiatives meant to promote open data. Implicit in the notion of open data is that the data be free: free of restrictions on reuse, free from restrictive or proprietary formats and free from cost. This is a broad concept of “free” data, and it is one that will require the development of common standards and formats within government, as well as co-operation and collaboration between different levels of government to ensure that data is as useful as possible once it is made available. The Declaration encourages governments to invest in capacity building both within government to ensure their own capability to generate and make available high quality, reusable data, but also within user communities. The Declaration also calls for steps to be taken to improve the quality of government data. Finally the Declaration calls for accountability to be the core value of Open Data, requiring governments to release data that is crucial to keeping government accountable rather than to focus on data sets which are considered nonthreatening to vested political interests. The Declaration also calls for legal and political reforms to further the goals of transparency in government.
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Geospatial Data/Digital Cartography
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Electronic Commerce and Internet Law in Canada, 2nd EditionPublished in 2012 by CCH Canadian Ltd. Intellectual Property for the 21st CenturyIntellectual Property Law for the 21st Century: Interdisciplinary Approaches |