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Canadian Privacy Law v. E-Mail Harvesting

sbowles writes "Canada's Privacy Commisioner has ruled that a business e-mail address is personal information protected under the federal privacy legislation (PIPEDA). Law professor Michael Geist (a leading e-commerce and privacy law expert) received an unsolicited request to buy seasons tickets from the local football team. His e-mail address had been harvested from a University website. The ruling indicated that 'You are allowed to collect and use publicly available information, but the use has to be directly related to the purpose for which the information appears in a directory or notice.'"

9 of 279 comments (clear)

  1. Re:Isn't the purpose of a publically posted addres by gowen · · Score: 5, Insightful

    No, it's to have pertinent sent to. My email address appears above this post -- if you want to discuss it with me, fine, if you want to attempt to sell me V1AGRA, then kindly fuck off.

    My phone number's in the book, that doesn't mean I want you to ring me and see if I'm interested in double glazing.

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  2. Every day... by TiredGamer · · Score: 5, Insightful

    Canada becomes a more appealing place to move to. The fact there is an actual government post to protect citizens' privacy... it boggles my American mind. Someone actually tries to protect privacy, and they work for the government?

    I think this makes an excellent assertion that placing an email in a specific location should limit it to the purpose it was placed there for. If I own a business and provide customers and interested parties with contact info on the company webpage, that address should not be spammed with penis growth ads and I should be legally entitled to damages for having to install spam filters and pay admins to further maintain them.

    --
    No penguins were harmed in the making of this post.
    1. Re:Every day... by mboverload · · Score: 5, Insightful
      You are right, Canada is becoming more and more apealing by the day.

      It's nice and cool (love cold climate), people are nice, rights are respected, gay people can marry (I'm not gay but I don't see why not keep the option open for the hell of it), and they have that Maple Leaf T-Shirt thing going on.

  3. Re:Sniffing? by armer · · Score: 5, Insightful

    No, because the business is giving you the e-mail address, it is still their property. They cannot monitor you personal (home) e-mail at your home, but it is debatable as to whether or not the can monitor it if you check your home e-mail at work (provision of bandwidth purchased by company making it their e-mail because you used their bandwidth). when in doubt, leave home stuff at home, don't use work address for personal e-mail...

  4. Re:Well... by GoofyBoy · · Score: 4, Insightful

    > It's a public domain, anyone who chooses to can contact you wether or not it's against the law.

    Sorry buddy, thats exactly what the law is against. You have a certain amount of privacy, including your information.

    >If you don't want to deal with it, don't put it out in the first place.

    OR can you make a law so you can put it out there. Some laws protect corporations more, some laws protect individuals more. This falls into the later.

    --
    The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
  5. Re:Cana-"duh", does it again! by gstoddart · · Score: 5, Insightful
    Au contraire; Canadian privacy laws have actually helped businesses, as individuals (customers, etc) are able to trust that their personal data is safe and proceed to do business. This was even discussed on /. a while back; I'll try to see if I can find the sources later on.


    And we'd like to keep it that way. But with the US making laws that say any of our data passing through a US company is subject to the conditions of PATRIOT act.

    I'd like to see India or some other location which routinely handles US data decree those US citizens whose data passes through are subjected to local laws. That kind of extra-teritorial grab bugs me.

    Here's hoping we keep a sane climate on privacy here in Canada and the rest of the world.

    --
    Lost at C:>. Found at C.
  6. Re:Cana-"duh", does it again! by pdh11 · · Score: 4, Insightful

    This kind of anti-corporate behavior reflects poorly on the entire country

    This behaviour isn't anti-corporate. It's pro-corporate. What happens when Amazon decides that the purpose of their listings is only to buy stuff from Amazon, and that all other uses of that scraped information is illegal? Allowing spam harvesters is IMO a small price to pay for the rest of us being allowed to use the contents of websites for purposes unintended by their owners.

    Peter

  7. Re:Cana-"duh", does it again! by oberondarksoul · · Score: 4, Insightful

    You squeal "privacy!" as if it's a dirty word, yet you hide behind an anonymous account...

    --
    And tomorrow the stock exchange will be the human race
  8. Re:Thumbs up for Italy too by MS · · Score: 4, Insightful
    No, other countries also have decent privacy laws, which consider the e-mail address worth to protect.

    One of those countries is Italy (where I am from), and italian law has worked well (since September 2003) so far to deter spammers. Fines go up to 90.000 Euro or 3 years of jail.

    It's only a pity that *all* the spam I get origins in the USA (sent through various open relays scattered around the world), is in english language and targetted to US-citizens. So there's no way for me to get one of those mortgages... :-(

    ms