Canada:
Does The BC Privacy Act Trump Facebook's Terms Of Use? The SCC Will Weigh In
16 March 2016
by
Norton Rose Fulbright Canada LLP
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The Supreme Court of Canada has agreed to entertain arguments in
the appeal of Douez v. Facebook, Inc., 2015 BCCA
279.
At the heart of the case is whether BC residents can rely on the
legislative protections in the Privacy Act, or whether Facebook can
rely on its terms of use as a contract which trumps BC law and
jurisdiction. The decision may have wide ranging
ramifications for privacy rights on the internet: are privacy
rights fundamental and inalienable human rights, or can (must) we
contract out of them when we agree to use a webpage or
web-service?
Read our
newsletter.
We will be watching the case closely.
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.
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