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[registrars] Recent ruling expands reach of Canadian privacy legislation

  • To: registrars@xxxxxxxxxxxxxx
  • Subject: [registrars] Recent ruling expands reach of Canadian privacy legislation
  • From: Ross Rader <ross@xxxxxxxxxx>
  • Date: Tue, 6 Feb 2007 09:46:59 -0500
  • Cc: dow-123tf@xxxxxxxxxxxxxx
  • Sender: owner-registrars@xxxxxxxxxxxxxx

"The Federal Court released its decision today in the case of Philippa Lawson
v. Accusearch Inc.  Mr. Justice Harrington found that, contrary to the
federal Privacy Commissioner's interpretation, PIPEDA gives the Commissioner jurisdiction to investigate complaints relating to the transborder flow of
personal information, including those where the respondent is located
outside Canada. The Court ordered the Privacy Commissioner to investigate
CIPPIC's complaint.

See CIPPIC News: www.cippic.ca  for copy of judgement."

This will of course have implications for any registrars who do business with Canadian registrants, in addition to the enforceability and applicability of certain proposals before the Whois Task Force. Most work done around Whois focuses on the jurisdiction of the registrar, whereas this ruling seems to place a stronger emphasis on the jurisdiction of the registrant.

-r






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