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Debating Canada's privacy legislation
From: Dave Farber <dave () farber net>
Date: Mon, 02 Feb 2004 06:45:20 -0500
Delivered-To: dfarber+ () ux13 sp cs cmu edu Date: Mon, 02 Feb 2004 06:23:03 -0500 From: Michael Geist <mgeist () pobox com> Subject: Debating Canada's privacy legislation X-Sender: mgeist () mailbox uottawa ca To: dave () farber net Dave,A couple of weeks ago, I ran a column defending Canada's privacy legislation, which has recently come under constitutional attack. The defense of PIPEDA column raised some significant debate which continues in Canada. In today's Toronto Star, the paper features a rebuttal of that column by Richard Owens of the University of Toronto along with my response. Owens argues that PIPEDA "tarnishes lawmaking, impedes business unnecessarily and threatens constitutional disorder", while I continue to defend the privacy statute, maintaining that the historical record suggests that business actively supported the law and the establishment of a national standard in its current form.
Original column is at <http://shorl.com/dukuhagytrasu> [Toronto Star] Owens rebuttal at <http://www.shorl.com/habreryjiprano> [Toronto Star] Federal privacy law is a dog's breakfast RICHARD OWENS SPECIAL TO THE STARThe costs of the Quebec government's constitutional challenge to the federal privacy law are too high, Michael Geist argued in his Jan. 19 column in this newspaper. He fears the consequence, that the law may be struck down and replaced with a patchwork of provincial laws.
But are those costs really too high? There are several good reasons to doubt it. The federal legislation does its job poorly; provincial legislatures might offer legislation that does the job better; and the structure of the federal legislation itself encourages a patchwork of laws.
[snip] Geist response at <http://www.shorl.com/habykihevadu> [Toronto Star] Canada badly needs a national standard MICHAEL GEIST LAW BYTESThe costs associated with privacy protection have long been a source of considerable debate. Ann Cavoukian, Ontario's Privacy Commissioner, who together with the Toronto Star's Tyler Hamilton wrote The Privacy Payoff,maintains that good privacy practices are actually good for business. In my column of January 19, I argued maintaining a federal privacy law was essential since the provincial mish-mash of laws that would fill the void would create uncertainty and costs for the business and privacy communities.
[snip] MG ********************************************************************** Professor Michael A. Geist Canada Research Chair in Internet and E-commerce Law University of Ottawa Law School, Common Law Section Technology Counsel, Osler, Hoskin & Harcourt LLP 57 Louis Pasteur St., P.O. Box 450, Stn. A, Ottawa, Ontario, K1N 6N5 Tel: 613-562-5800, x3319 Fax: 613-562-5124 mgeist () pobox com http://www.michaelgeist.ca ------------------------------------- You are subscribed as interesting-people () lists elistx com To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- Debating Canada's privacy legislation Dave Farber (Feb 02)