The Schrems II decision: Implications and challenges for Canada

In Canadian Privacy, Data Protection by Colin BennettLeave a Comment

The world is processing the massive implications of today’s decision from the European Court of Justice in response to the complaints by Max Schrems of None of Your Business, and longterm campaigner for privacy rights. The story has a lot of twists and turns, but this is the upshot. First, the US/EU Privacy Shield has been declared an invalid mechanism …

Presentation to the Special Legislative Committee on Review of the B.C. Personal Information Protection Act (PIPA) June 9, 2020

In Data Protection by Colin BennettLeave a Comment

Thank you for this opportunity to appear before you today.   I listened to the testimony last week, and I do not want to repeat what you heard from Michael McEvoy.  PIPA is dated.  There have been two statutory reviews and nothing has been done to update the law.  Despite what you will hear from others about this being a practical statute that balances …

IS CANADA STILL ‘ADEQUATE’ UNDER THE NEW EUROPEAN GENERAL DATA PROTECTION REGULATION?

In Data Protection by Colin BennettLeave a Comment

In December 2001, Canada achieved adequacy status under the 1995 Data Protection Directive for transfers from the EU to Canada of personal information subject to the jurisdiction of the Personal Information Protection and Electronic Documents Act (PIPEDA). Since that time, Canadian businesses could rely on this determination, and thus avoid other methods to guarantee legal transfers such as model contracts …

So Who is Actually “Shielded” by the Privacy Shield?

In Data Protection by Colin BennettLeave a Comment

I have just co-authored a study with Priscilla Regan and Robin Bayley on the effectiveness of privacy redress mechanisms in Canada and the United States. In our view, too much comparative privacy research is based on the abstract comparison of the ‘black letter of the law.’ So we decided to examine some real cases involving real individuals who have suffered real …

View Post

HOSPITALS WITHOUT PATIENTS, AND DATA PROTECTION WITHOUT DATA SUBJECTS: MY ADDRESS TO CPDP2015

In Data Protection by Colin BennettLeave a Comment

One of my favorite episodes of the BBC Series, Yes Minister, is called “The Compassionate Society.”   The story revolves around a hospital in north London that has 500 administrative staff, but no medical personnel and no patients.   When Sir Humphrey Appleby, the Permanent Secretary, is confronted by Minister Jim Hacker about this perplexing state of affairs, he defends the situation …

View Post

IF INDUSTRY AMENDMENTS TO THE DRAFT REGULATION ARE ADOPTED, WOULD THE EUROPEAN UNION STILL HAVE AN “ADEQUATE LEVEL OF DATA PROTECTION”?

In Data Protection by Colin BennettLeave a Comment

I followed the twists and turns of the passage of the original 1995 EU Data Protection Directive earlier in my career, and wrote about the politics of the process at some length.   By 1995, I was so tired of the process that I almost did not care what was in the Directive – so long that it was an …

THE GEO-POLITICS OF PERSONAL DATA AND THE NEW EU DATA PROTECTION REGULATION

In Data Protection by Colin BennettLeave a Comment

We understand that the EU Parliament’s review of the Regulation is on schedule to be completed by mid-2013. I have written  an article for the Harvard International Review –– a more historical treatment that tries to set the current debates in some context.   The same issue has an article from Vivien Redding.   The basic message is that we have heard before from …

Big Data and Small Agencies: Reflections on the 33rd International Conference of Data Protection and Privacy Commissioners

In Data Protection by Colin Bennett4 Comments

I first attended the annual meeting of the International Data Protection and Privacy Commissioners in 1987 in Quebec City.  In those years, the global community of commissioners amounted to about 30 delegates from around 10 countries.   No corporate representatives were invited, although there were a handful of academic and journalistic observers.  David Flaherty gave the keynote, drawn from his forthcoming …