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Refereed Articles
Wednesday, 16 June 2010 11:36
Journalistic Purposes and Private Sector Data Protection Legislation: Blogs, Tweets, and Information MapsWritten by Teresa Scassa“Journalistic Purposes and Private Sector Data Protection Legislation: Blogs, Tweets, and Information Maps” (2010) 35 Queen’s Law J. 733-781 This paper explores how changes in the ways in which information is consumed and disseminated by myriad individuals in myriad forms may impact data protection law in Canada. The author uses examples of blogs, Twitter and information maps to illustrate the problems which will inevitably arise when trying to discern which individuals and which information will properly fit into the journalistic purposes exception in Canadian data protection statutes. She suggests that exceptions for the collection, use or disclosure of personal information for journalistic purposes raise vital questions pertaining to the purpose and scope of these exceptions. Recent case law serves to illustrate the difficulties faced by decision-makers in defining the scope of these exceptions, particularly given the need to balance the public right to be informed with individual privacy rights. The author considers the journalistic purposes exceptions in light of the role of journalists by analyzing how reporters’ privilege cases, defamation law (“responsible journalism”) and ethical codes of conduct might affect and inform current Canadian case law. She compares how journalistic purpose exceptions are configured and applied in Australia and the United Kingdom. In the conclusion, the author considers the direction that data protection law in Canada should take. She suggests that a reasonableness test, which attempts to balance the various conflicting interests, should govern decisions on whether information is being provided for a journalistic purpose or for some “other” purpose.
This paper explores how changes in the ways in which information is consumed and disseminated by myriad individuals in myriad forms may impact data protection law in Canada. The author uses examples of blogs, Twitter and information maps to illustrate the problems which will inevitably arise when trying to discern which individuals and which information will properly fit into the journalistic purposes exception in Canadian data protection statutes. She suggests that exceptions for the collection, use or disclosure of personal information for journalistic purposes raise vital questions pertaining to the purpose and scope of these exceptions. Recent case law serves to illustrate the difficulties faced by decision-makers in defining the scope of these exceptions, particularly given the need to balance the public right to be informed with individual privacy rights. The author considers the journalistic purposes exceptions in light of the role of journalists by analyzing how reporters’ privilege cases, defamation law (“responsible journalism”) and ethical codes of conduct might affect and inform current Canadian case law. She compares how journalistic purpose exceptions are configured and applied in Australia and the United Kingdom. In the conclusion, the author considers the direction that data protection law in Canada should take. She suggests that a reasonableness test, which attempts to balance the various conflicting interests, should govern decisions on whether information is being provided for a journalistic purpose or for some “other” purpose.
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Thursday, 17 June 2010 11:31
Geographic Information as Personal InformationWritten by Teresa Scassa“Geographic Information as Personal Information”, (2010) 10:2 Oxford University Commonwealth Law Journal 185-214 The rapid proliferation of applications using geographical information combined with the growing accessibility of vast quantities of data of all kinds has given rise to the mapping of information on an unprecedented scale. Information maps are created by governments, private sector actors, and even by individuals; they may be sole-authored or crowd-sourced. These maps are frequently made available over the internet. Information maps have a serious potential to impact on personal privacy. This paper gives an overview of developments in the mapping of information. It then explores a key question in the data protection context: when is geographical information personal information? Particular challenges in answering this question include the way in which geographical information may be a key to re-identifying de-identified data, and how it can be used to link aggregate geodemographic data to specific individuals.
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Friday, 17 June 2011 11:29
Ambush Marketing and the Right of Association: Clamping Down on References To that Big Event with All the Athletes in a Couple of YearsWritten by Teresa Scassa“Ambush Marketing and the Right of Association: Clamping Down on References To that Big Event with All the Athletes in a Couple of Years”, now published in the Journal of Sport Managemet. PDF available here
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Thursday, 16 June 2011 11:26
Privacy by the Wayside: The New Information Superhighway, Data Privacy, and the Deployment of Intelligent Transportation SystemsWritten by Teresa Scassa“Privacy by the Wayside: The New Information Superhighway, Data Privacy, and the Deployment of Intelligent Transportation Systems”, (2011) 74 University of Saskatchewan Law Review 117-164 (with Jennifer Chandler and Elizabeth F. Judge) Intelligent Transport Systems (ITS) integrate vehicles and surface transportation infrastructure with information, communication, and sensory technologies to improve the safety, efficiency, security, service, accessibility, environmental responsibility, and reliability of the transportation system. The term ITS covers a very broad range of transport-related activities involving federal, provincial, and municipal governments as well as private sector actors. In its broadest sense, ITS enables an integrated and intelligent network of services for both public and private transportation systems. In this article, we discuss the data protection and privacy issues raised by the use of ITS in Canada. We begin with an overview identifying the central privacy issues that arise with ITS. We then provide an introduction to the legal and institutional privacy framework in Canada. This is followed by a closer analysis of Canada’s data protection regimes and their application to ITS.
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Friday, 17 June 2011 11:24
Framing Ambush Marketing as a Legal Issue: An Olympic PerspectiveWritten by Teresa ScassaDana Ellis, Teresa Scassa & Benoit Séguin, “Framing Ambush Marketing as a Legal Issue: An Olympic Perspective”, (2011) 14:3 Sport Management Review 297-308. This paper examines the emerging trend of host countries using legislation to protect the Olympic brand and control ambush marketing. More specifically, it will discuss Canada’s Olympic and Paralympic Marks Act in depth. Issues related to framing ambush marketing as a legal issue as opposed to a business issue are examined. The consequences of placing ambush marketing in a legal context are considered from a legal and business management perspective.
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Electronic Commerce and Internet Law in Canada, 2nd EditionPublished in 2012 by CCH Canadian Ltd. Intellectual Property for the 21st CenturyIntellectual Property Law for the 21st Century: Interdisciplinary Approaches |