n.n. (coming soon)
Some basics in advance…
Canada’s federal Privacy Law applicable to the private sector is formally referred to as Personal Information Protection and Electronic Documents Act (PIPEDA). The purpose of the act is to establish rules to govern the collection, use and disclosure of personal information by commercial organizations. The organization is allowed to collect, disclose and use the amount of information for the purposes that a reasonable person would consider appropriate in the circumstance.
The Act establishes the Privacy Commissioner of Canada as the Ombudsman for addressing any complaints that are filed against organizations. The Commissioner works to resolve problems through voluntary compliance, rather than heavy-handed enforcement. The Commissioner investigates complaints, conducts audits, promotes awareness of and undertakes research about privacy matters.
The Data Protection Directive (officially Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data) is a European Union directive adopted in 1995 that regulates the processing of personal data within the European Union. It is an important component of EU privacy and human rights law. On 25 January 2012, the European Commission unveiled a draft European General Data Protection Regulation that will supersede the Data Protection Directive.
The right to privacy is a highly developed area of law in Europe. All the member states of the European Union (EU) are also signatories of the European Convention on Human Rights (ECHR). Article 8 of the ECHR provides a right to respect for one’s “private and family life, his home and his correspondence”, subject to certain restrictions. The European Court of Human Rights has given this article a very broad interpretation in its jurisprudence.
In 1980, in an effort to create a comprehensive data protection system throughout Europe, the Organization for Economic Cooperation and Development (OECD) issued its “Recommendations of the Council Concerning Guidelines Governing the Protection of Privacy and Trans-Border Flows of Personal Data”. The seven principles governing the OECD’s recommendations for protection of personal data were:
- Notice—data subjects should be given notice when their data is being collected;
- Purpose—data should only be used for the purpose stated and not for any other purposes;
- Consent—data should not be disclosed without the data subject’s consent;
- Security—collected data should be kept secure from any potential abuses;
- Disclosure—data subjects should be informed as to who is collecting their data;
- Access—data subjects should be allowed to access their data and make corrections to any inaccurate data; and
- Accountability—data subjects should have a method available to them to hold data collectors accountable for not following the above principles.
The OECD guidelines, however, were nonbinding, and data privacy laws still varied widely across Europe. The US, while endorsing the OECD’s recommendations, did nothing to implement them within the United States. However, all seven principles were incorporated into the EU Directive.
There are significant differences between the EU data protection and US data privacy laws. These standards must be met not only by businesses operating in the EU, but also by any organization that transfers personal information collected concerning citizen of the EU. In 2001 the United States Department of Commerce worked to ensure legal compliance for US organizations under an opt-in Safe Harbor Program. The FTC has approved a number of US providers to certify compliance with the US-EU Safe Harbor. Since 2010 Safe Harbor is criticised especially by German publicly appointed privacy protectors because the FTC’s will to assert the defined rules hadn’t been implemented in a proper even after revealing disharmonies.