Teresa Scassa - Blog

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The Supreme Court of Canada has struck down Alberta’s Personal Information Protection Act (PIPA), on the grounds that it violates the guarantee of freedom of expression in the Canadian Charter of Rights and Freedom. The invalidation of the legislation has been suspended for 12 months to give the Alberta government time to amend the legislation so as to bring it into compliance with the Charter. The conflict between privacy rights and the freedom of expression…

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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