Lecture Ten - LAW 525 Law of the Marketplace Class Ten...

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LAW 525 – Law of the Marketplace Class Ten Tuesday, November 4, 2008 Dr. Kernaghan Webb Department of Law and Business Ted Rogers School of Management Ryerson University
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2 nd Mid-term Test Leave the test face-down until I tell you to turn it over Twenty questions Multiple choice True/false Short answer One hour in length I will announce 15 minutes, one half hour, 45 minutes, etc. Make sure you answer all the questions Make sure you are very clear about your answer
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Last class – Class Actions & the Law What are class actions? What sort of situations are likely to attract class actions? Are class actions relevant to contract law, tort law, or regulatory law? What relevance is federal law to class actions? What sorts of business activity is affected by class action law? What sort of risk management practices can businesses apply to issues involving class actions? Sample questions: multiple choice and true/false Prep for 2 nd mid-term next week
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This class – Business and Personal Information Protection Law What is personal information protection law? What level of government is responsible for its administration? What sorts of business activity is affected by the law? What are the consequences of non-compliance? What sort of risk management practices can businesses apply to personal information protection issues?
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Federal-provincial dimensions Federal Personal Information Protection and Electronic Documents Act (PIPEDA) Tort of invasion of privacy Quebec -- Act Respecting the Protection of Personal Information in the Private Sector Quebec constitutionally challenging federal law Alberta Personal Information Protection Act British Columbia Personal Information Protection Act Ontario Personal Health Information Protection Act Ontario Consumer Reporting Act
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Personal Information Protection and Electronic Data Act (PIPEDA) Structure of law Key definitions Purpose Application Schedule 1 Compliance with schedule 1 Remedies Audits General Transitional provisions
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Why is PIPEDA needed? Convergence of computer processing capability plus internet has allowed collection, use and sharing of personal information in a way never possible before, raising the possibility that businesses can develop detailed profiles of individuals and target their commercial activities based on these profiles. Examples: prescription or subscription or banking information about individuals leading to unwanted and intrusive
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Basic operation of PIPEDA Businesses must obtain an individual’s consent when they collect, use or disclose an individual’s personal information (PI) Individuals have the right to access PI held by a business and to challenge its accuracy PI can only be used for purposes for which it was collected If a business is going to use it for another purpose, consent must be obtained again Businesses must ensure that PI is properly protected
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