Data Protection in the Private Sector - Options for a Uniform Statute 1996


Footnote: 1 Tom McMahon is Counsel, Information Law and Privacy Section, Department of Justice Canada. The opinions expressed in this document are not necessarily those of the Government of Canada. The "Task Force" never met in person and its work was conducted by Tom contacting a number of government, business, consumer representatives and other experts, who then replied directly to Tom.

Footnote: 2 In addition, five provinces have 'invasion of privacy as tort' laws and the ULC adopted a model 'invasion of privacy tort' Act last year. Quebec's human rights code and Civil Code have express privacy protection and the Canadian Charter of Rights and Freedoms and the Criminal Code have provisions the implicitly create a right of privacy, for example, by creating the concepts of unreasonable search and seizure. While these laws protect "privacy" rather than simply applying to "data protection", it is clear that the two concepts are related: "data protection" protects privacy interests and privacy can be invaded as a result of poor data protection practices.

Footnote: 3 This statement of the CSA Model Code's principles is provided with the permission of the Canadian Standards Association. The material is reproduced from CSA Standard CAN/CSA-Q830-96, Model code for the Protection of Personal Information which is copyrighted by CSA, 178 Rexdale Blvd., Etobicoke, Ontario, M9W 1R3. While use of the material has been authorized, CSA shall not be responsible for the manner in which the information is presented, nor for any interpretations thereof.

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