Federal Access to Information and Privacy Legislation Annotated 2023 is comprehensive in scope, containing everything you need to interpret and apply federal access to information and privacy legislation. It also contains a compendium of key materials. This key publication is written by two of the country's leading access and privacy lawyers.
New cases discussed in this edition include, among others:
- Annotated Privacy Act — Protection of Personal Information — Disclosure of personal information — Case Law — Prior consent — Sections 8(1) and 8(2) — There are two exceptions to the prohibition of disclosure of personal information: consent or legislative exemption. “In this case, there is no evidence that the Respondent sought the consent of the person. Without that evidence, it appears that the Respondent has acted as if it knows best and assumed that this person would not consent. Such ought not to be presumed.” In these circumstances, it was inappropriate to redact citing s. 8(1): Jemmo v. Canada (Citizenship and Immigration), 2021 FC 965, 2021 CarswellNat 4705. (F.C.).
- Annotated Personal Information Protection and Electronic Documents Act — Application — Section 4 Application — Commentary — Google, in the operation of its search engine service, uses and discloses personal information in the course of commercial activity within the meaning of s. 41(1)(a) when it indexes webpages and presents search results in response to searches of an individual’s name. This is because when a user enters a search query, Google’s proprietary computer algorithms cross-reference its index and identifies the content that Google considers relevant to the query. Its algorithms take into account a number of factors, including the search terms used, a user’s past searches, the user’s location, and the perceived quality of a webpage, to determine which search results are, in Google’s view, most relevant to a user: Reference re Subsection 18.3(1) of the Federal Courts Act, 2021 F.C. 723.