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First Test of New Canadian Privacy Act

dave_mcmillen writes "In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) took effect in January 2001. An upcoming case will put the act to its first test: Canadian Business Magazine is reporting that in late May, Mathew Englander will sue Telus Inc. over their right to charge him two dollars per month to have an unlisted phone number. Two other test cases are coming up later this year."

31 comments

  1. Public or Private? by clonebarkins · · Score: 1

    What exactly is considered public and private information anymore?

    --

    "The evil of the world is made possible by nothing but the sanction you give it." -- Ayn Rand

  2. Ooo... A whole two (canadian) dollars by TMacPhail · · Score: 1, Troll
    It is a service that they are doing for him to keep his number unlisted by not giving it out to the phone book publishers. Companies always charge for services. Nothing new there. So why should it be any different?

    Besides, $2 CDN is really not that much. Something around $1.40 US? Even $2 US is not much.

    1. Re:Ooo... A whole two (canadian) dollars by Lazyhound · · Score: 2, Insightful

      So you wouldn't mind paying me two dollars a month to not spam your number all over the Internet?

      [Comedy "Profit!" option here.]

    2. Re:Ooo... A whole two (canadian) dollars by TMacPhail · · Score: 1

      That wouldnt be effective. You arent the source of the number being public. You are just one in many that could run across it when it is public.

    3. Re:Ooo... A whole two (canadian) dollars by iCEBaLM · · Score: 2, Insightful

      In Canada the phone companies *are* the phone book publishers.

      -- iCEBaLM

    4. Re:Ooo... A whole two (canadian) dollars by evilad · · Score: 2, Interesting

      It's called "extortion".

      Differentiate between:

      1. Thanks for moving to my neighborhood. If you give me $100, I'll refrain from giving your address to my morally-impaired crack-addict friends.

      2. Thanks for subscribing to our phone service. If you give us $2, we'll refrain from giving all of your contact information to our ethically-impaired telemarketer clients. For now.

    5. Re:Ooo... A whole two (canadian) dollars by Sandman1971 · · Score: 1

      BZZZZZ Wrong. I'm sorry, you didnt get that right, and there's no parting gift for you.

      Late last year/early this year, Bell Canada sold it's Phonebook business to a third party. So in Canada, the phone comapnies are not necessarily the book publishers.

      --
      It's better to burn out than to fade away
    6. Re:Ooo... A whole two (canadian) dollars by Curtman · · Score: 1

      BZZZZZ Wrong to you. Telus is not part of Bell. They run the phone racket in Alberta and BC possibly elsewhere. Sasktel & MTS are somewhat independent public corporations, and Bell is out East. As far as I know they run their own phone book publishing, and apparantly will be publishing the phone book in Manitoba where I live this year where they are not the local phone carrier.

    7. Re:Ooo... A whole two (canadian) dollars by BitterOak · · Score: 1
      Besides, $2 CDN is really not that much.

      The article doesn't state whether that's $2 per month or $2 per year. (The phone book is usually published anually.) $2 per year is nothing worth worrying about, but $2 a month seems unreasonable.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    8. Re:Ooo... A whole two (canadian) dollars by Sandman1971 · · Score: 1

      Go and re-read the original message. The original poster said that in Canada phone companies published their own phonebooks. Taking the various Ma Bell's, I was indicating that this was not true. Nowhere was Telus mentioned. BCE did indeed sell it's phonebook division late last year/early this year (unfortunately I don't have my portfolio handy so I can't give you exact dates/details).

      --
      It's better to burn out than to fade away
    9. Re:Ooo... A whole two (canadian) dollars by Selfbain · · Score: 1

      Dude, the entire legal system of a province (Manitoba I think) was once brought down by someone fighting a parking ticket. Canadians love to fight strange things in court. If you're wondering, it was because all the laws were written in English only and since Canada had gone bilingual years before, they were all in breach of the law. Some guy got a parking ticket written only in English and he took it all the way to the Supreme Court and ended up forcing the province to completely rebuild their legal system from scratch in english and french.

      --
      Well, it has never been successfully tested.
    10. Re:Ooo... A whole two (canadian) dollars by MirthScout · · Score: 1

      No. The service they are performing is listing his number. This is the actual work being performed.

      They are charging $2 to NOT perform that service. It is a clasic protection racket. It is definitely unethical and it would be nice if it is also illegal.

    11. Re:Ooo... A whole two (canadian) dollars by schon · · Score: 1

      $2 per year is nothing worth worrying about, but $2 a month seems unreasonable.

      It's per month.

  3. ARG! by wowbagger · · Score: 1

    Replied to wrong story! Mod me down as offtopic....

  4. I have an opinion on this topic by Anonymous Coward · · Score: 0

    I have an opinion, but since I'm a Canadian, you need to fill out a bunch of forms first and then I need to fill out a bunch of forms giving you permission to hear my opinion before I can tell you what I think of this story.
    (My opinions are private, you know)

    Thomas

    1. Re:I have an opinion on this topic by Anonymous Coward · · Score: 0

      Awwww.... crap. I told you my name was "Thomas"
      Now, you're going to have to fill out some more forms.
      Sorry....

  5. Its the principle of it by trajano · · Score: 3, Insightful

    Its not that it is $2, its the principle of it. People should not have to pay a single penny for their privacy. Privacy should be protected by the government (within reason).

    No information about a person should be made public without the person's explicit consent,

    Or unless there is a possibility of harming others in which case two or more authorized representatives (judges, etc) should authorize the search of information of the person.

    Or unless the party is lawfully (not commercially) authorized based on a priviledge that the person has. e.g. if you were caught for careless driving, then the officer has the right to see your record (provided you give him your card) and inform the traffic authority of your offence.

    Any entity whether commercial or government should provide a lawful explanation to an authorized party what information they require or need to publish about people before they actually do so.

    Of course that's if we have an ideal world where politicians are not subsidized by commercial entities.

    Vote Trajano! :-)

    --
    Archie - CIO-for-hire :-)
    1. Re:Its the principle of it by Zork+the+Almighty · · Score: 1

      Privacy should be protected by the government (within reason)...No information about a person should be made public without the person's explicit consent,...

      I couldn't disagree more. The government should avoid regulating information transfer between third parties as much as possible, and I think this principle trumphs any inherent right to privacy. Of course, government uses of information have to be restricted to what is neccesary and reasonable, without being overbearing.

      --

      In Soviet America the banks rob you!
  6. It's actually a charge for lack of "service" by RhetoricalQuestion · · Score: 2, Insightful

    I've been a big follower of PIPEDA since its inception, and have used it numerous times to protect my privacy. Basically, under PIPEDA, all Canadians have a right to personal privacy. Any company who takes your information initially is accountable for what happens to that information subsequently -- even if its being handled by a different company.

    However, the phone book is potentially a loophole.

    Bell Canada asserts that if you choose to list your name and number in the phonebook, you have chosen to allow your name and address to be provided (read: sold) to other any company who wishes to call you up and try to sell you things -- after all, anyone could look up your number in the phyisical paper phone book. And because anyone could look up your number in the paper phone book, there's no problem if Bell -- working through subsidiary and direct marketing companies -- provides the phone book database to companies who wish to call you up and sell you things.

    If you do not wish your number to be sold, you have to pay for your number to be unlisted -- you can't simply opt-out of having your number and address sold/shared otherwise. The fact that you have to pay for your right to privacy (no matter how small the amount) arguably violates PIPEDA -- at least, it violates the spirit of the law.

    As well, if you must pay for your right to privacy, this could potentially set a precedent for other organizations. Moreover, there's no guarantee that the charge will remain $2.

    I've spent a long time on the phone with Bell, its subsidiaries, and direct marketing companies tracing out how my phone number became shared. I've also discovered (by questioning the telemarketers -- which is my right under PIPEDA) that EVERY SINGLE telemarketer to call me has purchased my number from the phone book company.

    --

    I can spell. I just can't type.

  7. Telus is a bunch of bastards by Screaming+Lunatic · · Score: 0, Troll
    I get phone, long distance, and ADSL service from Telus. They have the shitiest, most cryptic bills in the world. You have to wait forever to talk to someone about repairs or your bill. They fucked up my ADSL service twice. The guy that came in to install it short circuited the lines and I did not have phone service for a week. My parents had ADSL installed. The repair guy came in Friday. Decided not to finish up and left the phone unuseable until Monday.

    They subscribed me to extra services without my consent. And you don't get the discounted rate for ADSL unless you purchase long distance and an extra bundle from them.

    I plan to switch to Sprint eventually. Whenever I can get a good long distance deal. And I'll switch to Shaw eventually as well for broadband.

    Unfortunately, Telus is the only way to go if you are going to get a cell phone. They have the best network, phones, and prices here in Vancouver. But I bet their service is horrible too.

    1. Re:Telus is a bunch of bastards by Slowping · · Score: 0, Troll

      Mod me off topic:

      Sprint is shittier.

      They have no real reps to talk to. I had cel service with them, and twice they disconnected my phone because of billing errors. Then, when you try to talk to them, you get their virtual representative. Basically, it's Clippy for your cel phone. i.e. useless. And when you talk to someone real, they charge you money for it.

      --
      (\(\
      (^.^)
      (")")
      *beware the cute-bunny virus
    2. Re:Telus is a bunch of bastards by Sentry21 · · Score: 1

      Telephone service is considered a necessary service, and is regulated by the CRTC. If you ever have a problem, call the CRTC and get them to speak to Telus on your behalf. This should solve any problems you have.

      As for any of the other problems you mention, I've had nothing but good experiences with Telus. I live in Fredericton, New Brunswick, and get cell service with them, about which I have no complaints, but when we lived in Abbotsford and Mission, (an hour west of Vancouver, for anyone not from the area), we had no complaints either. We went with Shaw for broadband, because it's just simply a better service (they didn't seem to have any hard cap on bandwidth), but the phone service was exactly as advertised.

      My bills are always simple, and if I ever have a problem with my service, I usually go into the Telus kiosk in the mall here, since they don't tend to get put on hold (I don't know what hold times are normally). My parents, living in Saskatchewan, also have a Telus phone, though it's always in analog, I assume because Sasktel's network out there is pathetic at the best of times.

      Also, I don't know what it's like now, but when I was in Alberta, the tech support would always give me straight answers - as in, when I asked what kind of servers they used, the tech actually told me (Sun Ultrasparc blah blah running Solaris whatever), and when I asked a tech why my mailbox was messed up after doing some changes to my account, the tech (who had called bright and early the day after I called them) said it was a permissions problem, that my user didn't have permissions to the mailbox, and that it happens sometimes. I haven't dealt with any other companies that would actually answer these questions in a way that was worth hearing, and I've always been a fan.

      Finally, if you don't want your name in the phonebook, but Telus wins, make up a name (like 'Rock Hardslab' or 'Dirk Diggler', absurd but easy to remember) and get them to put that in the phonebook as your name. It's free, friends who forget your number but remember your 'name' can look you up, and you always know if someone calling is a telemarketer ('Hello, is Mr. Hardslab at home?').

      --Dan

  8. Down with Telus by Curtman · · Score: 2, Interesting

    From Sept 2001, until this January, I was living in Alberta which has Telus for a phone company. During that time I experienced such things as a $65 "Miscellaneous Service Charge" about which I contacted them many many times to find out how exactly I came to incur this fee. They were never able to give me any reason for it being there, and suggested I pay it to settle my account, and I could apply to have it refunded. The charge was never removed, and I never did pay it. I never did get my $100 deposit back that I had to put down in order to make long distance calls either. In the last month that I lived in Calgary, I sent them a bill for my time that I had invested in trying to find the source of this charge. That invoice was for $65, which I thought was reasonable because it took away from time that I could be pursuing business intrests. I never recieved even a phone call to say they wouldn't pay it.
    For a brief time I was a subscriber of their ADSL service as well. In all the places I've lived, and all the providers I have dealt with they were by far the worst when it came to service, both technical and operational.
    I'm not sure how it works south of the border, but in Alberta they have a complete monopoly over local phone service. If I were ever to live there again, I would be using a cell phone from someone else just to avoid their beurocracy. But I'm back in Manitoba now, and MTS (which also has a local service monopoly) has been very good to me so far.
    I would like very much to see them have a ruling against them even if it has nothing to do with my situation.

    1. Re:Down with Telus by Zork+the+Almighty · · Score: 1

      That's quite disappointing to hear. I'm in BC, and they pretty much have a monopoly here too. I haven't had any complaints about their service (local, long distance, and ADSL) so far, except that the entire concept of "long distance" is a bunch of crap nowadays.

      --

      In Soviet America the banks rob you!
    2. Re:Down with Telus by a5cii · · Score: 1

      you lucky person
      i was charged £80 for a twenty minute phone call to the british telecom help desk because they screwed up my bills
      oh and i discovered last month that they have been charging me £15 a month for 7 months for a service which BT cancelled because i had to confirm the cancellation with them even though they did not tell me that it was cancelled
      I love Canada

  9. Re:Telus is a bunch of bastards - AMEN! by Anonymous Coward · · Score: 1, Informative

    Telus has to be the worst "provider" I've ever had the displeasure of using.

    Their DSL is a joke.

    They advertise "static" IP addresses (for a fee) - but say you have to use DHCP to get it (I guess that they don't know that the 'D' in DHCP stands for dynamic)

    In October 2001, their DHCP servers for the province of Alberta were down for two weeks.

    A customer of mine has a 4-computer network, linked by a Dlink DSL firewall - he was having DSL problems, and the "support" people at Telus told him that they don't support networks, and that he shouldn't have a firewall - AT ALL. (Yeah, like customers should just trust Telus to protect them.)

    Another customer of mine (a school) used to use Shaw Cable for their internet connection - they had 3 years of flawless service.. the school board decides that they should be with Telus, and they all of a sudden need to "release and renew" the IP address on their proxy every two or three days.. Telus blames the proxy, saying it couldn't possibly be their fault.. after three months, they switch back to Shaw, and (lo and behold) the problem goes away.

  10. Buy a math book by CaptainZapp · · Score: 1
    Why, of course 2$ is not much.

    You know, a lot of the baby bells add something like 80c - 2$ for touch tone service to your phone bill.

    Let's assume that there are 200m land lines and each and every one is charged with an avearge of just $1 for touch tone service. Well, that's a handy 2.4 billion $ a year as a neat additional profit in exchange for nothing at all.

    There's no need to thank me.

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

    1. Re:Buy a math book by TMacPhail · · Score: 1

      Some of your statistics are a little off however. The total population of canada is estimated to be roughly 31 million. Not 200 million. In addition to that, Telus only serves British Columbia(4m), Alberta(3m), and Ontario(11.7m). A total of 18.7 million people in those provinces combined. And lets not forget that not every one of those people has a phone line. Sure, some have several (work, cell...) but there are others who have none or have one shared amongst several people (ie. a family).

  11. Hate Telus? by Anonymous Coward · · Score: 0

    If you hate telus, or would like to learn why you *should* hate telus, check out this link: http://www.hackcanada.com/telco/index.html