Comment Re:Not retroactive? (Score 1) 398
There is no special provision for using previously collected personal information in either the federal PIPEDA (Personal Information Protection and Electronic Documents Act) or BC or Alberta's PIPAs (Personal Information Privacy Act), i.e. what is called a "grandfather clause". However, I was told by BC government privacy commision trainer that it will be reasonable to re-use previous information as long as it is used for what it was originally intended, either express or implied.
For example, imagine a major telco or cable company re-sending out forms of some type to obtain consent. Or imagine a government agency having to do the same. It would be simply infeasible. When they drafted the recently enacted PIPAs in BC and Alberta, they talked to many large corporations apparently and got input on what would be reasonable use. I think this may be even in the act somewhere. One of the main rules of the PIPA for BC, which all other rules must be also applied against (a "master" rule, if you will), is that it must be what a reasonable person would do--being reasonable is key with this legislation, we would hope.
This page has some information about the lack of a grandfather clause in the legislation.
http://www.pwcglobal.com/extweb/mani ssue.nsf/DocID /F64B1755F2E4447D85256B7900623D9D
Also remember that this legislation is very new (in the case of the PIPAs), or in the case of the federal PIPEDA, the update is quite new, and it's important to note that it will really matter once it gets tested in court and precedence is set. This case with the CRIA (Canadian equivalent of the RIAA) should provide some of that, though the acts do provide for any legal investigation to simply bypass all the consent and Shaw has already said that they won't try to stop that.
Regards,
Casper
For example, imagine a major telco or cable company re-sending out forms of some type to obtain consent. Or imagine a government agency having to do the same. It would be simply infeasible. When they drafted the recently enacted PIPAs in BC and Alberta, they talked to many large corporations apparently and got input on what would be reasonable use. I think this may be even in the act somewhere. One of the main rules of the PIPA for BC, which all other rules must be also applied against (a "master" rule, if you will), is that it must be what a reasonable person would do--being reasonable is key with this legislation, we would hope.
This page has some information about the lack of a grandfather clause in the legislation.
http://www.pwcglobal.com/extweb/man
Also remember that this legislation is very new (in the case of the PIPAs), or in the case of the federal PIPEDA, the update is quite new, and it's important to note that it will really matter once it gets tested in court and precedence is set. This case with the CRIA (Canadian equivalent of the RIAA) should provide some of that, though the acts do provide for any legal investigation to simply bypass all the consent and Shaw has already said that they won't try to stop that.
Regards,
Casper
