Canada's Strict Anti-Spam Law Takes Effect
On July 1, a majority of the provisions of Canada's anti-spam legislation took effect. The Canadian legislation prohibits sending commercial electronic messages to an electronic address unless the person to whom the message is sent has consented to receiving it and the message complies with prescribed form and content requirements. Subject to certain limited exceptions, the legislation applies to all businesses that send commercial electronic messages to or from computer systems located in Canada. As a result, companies and individuals located anywhere in the world can be exposed to liability under this legislation, and the potential penalties for noncompliance are significant. The Canadian Radio-Television and Telecommunications Commission has issued responses to frequently asked questions and a guidance document that encourages companies to avoid liability by initiating corporate compliance programs.
Canadian Supreme Court Requires Search Warrant for Internet Service Provider Information
On June 13, the Supreme Court of Canada issued a ruling holding that law enforcement must obtain a search warrant before requesting internet service providers to hand over information about users. The ruling affirmed the right to online privacy for Canadians.
Canadian Court Limits Damages for Privacy Violation
In a June 10 ruling, the Federal Court of Canada limited the damages provided to a telecommunications company's customer, who alleged the company had allowed an unknown third party to access and change the customer's account. Damages under the federal Canadian Personal Information Protection and Electronic Documents Act were limited to C$2,500 plus costs and interest because the customer had little evidence of actual damages, the telecommunications company did not benefit from the breach, and the information released was not particularly sensitive.
New Canadian Privacy Commissioner Confirmed
On May 28, Canada announced the nomination of the new Canadian Privacy Commissioner. The appointment was confirmed by the Senate on June 4 and the House of Commons on June 5.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
