Any organisation that captures personal data in Canada for processing is deemed to have a ‘real and substantial connection’ to Canada and thus fall within the jurisdiction of the Personal Information Protection and Electronic Documents Act (PIPEDA) and of the Office of the Privacy Commissioner of Canada (OPC).
What has been the experience of enforcing Canadian privacy protection law on US-based social networking services?
We analyse some of the high-profile enforcement actions by the Privacy Commissioner. We also test compliance through an analysis of the privacy policies of the top 23 SNSs operating in Canada and through the use of access to personal information requests.
Our analysis suggests that non-compliance is widespread, and is explained by the countervailing conceptions of jurisdiction inherent in corporate policy and technical system design.
Image (c) B.Gogarty 2014
Colin Bennett received his Bachelor's and Master's degrees from the University of Wales, and his Ph.D from the University of Illinois at Urbana-Champaign. Since 1986 he has taught in the Department of Political Science at the University of Victoria, where he is now Professor. His research has focused on the comparative analysis of surveillance technologies and privacy protection policies at the domestic and international levels. In addition to numerous scholarly and newspaper articles, he has published six books on these subjects.
Adam Molnar received his PhD from the University of Victoria and was a postdoctoral fellow in the Surveillance Studies Centre at Queen’s University. Currently, he is a Lecturer in the Department of Criminology at Deakin University, Australia. Much of his research focuses on security and policing arrangements, and more particularly on how surveillance technologies are taken up in law enforcement and national security initiatives, and the associated normative, legal, and privacy implications therein.
Christopher Parsons received his Bachelor’s and Master’s degrees from the University of Guelph, and his Ph.D from the University of Victoria. He is currently a Postdoctoral Fellow at the Citizen Lab, in the Munk School of Global Affairs with the University of Toronto. His research focuses on how privacy is affected by digitally mediated surveillance, and the normative implications that corporate and government surveillance has in (and on) contemporary Western political systems. In addition to publishing in academic journals and presses, he routinely presents findings to members of government and the national and international media.
© 2012 Journal of Law, Information & Science and Faculty of Law, University of Tasmania.