Canada Chimes in on 2257 Today

[ArtWilliams]

Originally Posted by DannyCox

An interesting point in that article is, "That would violate Canada's Personal Information Protection and Electronic Documents Act"

A few Canadian Adult companies have already released identification documents in order to retain their marketing materials. I don't believe they realize that they now face criminal charges here in Canada for doing so. It would take just one complaint from one model, and the company would be in very deep sh*t!

We have already publicly stated that we will never release information on any models or Amateurs who have ever worked with us. Not only is it illegal in Canada to do so (without prior written consent from the model), it is just morally wrong. The safety and security of these models is paramount, and there are just too many "crazies" out there (and in our industry).

When most of these women (and men) shot for the various producers, they did so with the knowledge that their personal information would never be released, other than if requested by proper authorities. I now have a number of packages that have been sent to me, with ALL the model's information, including addresses! And I didn't even request it.

Not only is 2257 unjust, and a real pain in the ass, it also affects the security of thousands of people, many of which do not have a clue that their personal info is being distributed all over the 'net. It'll just take one idiot to think it's funny to release it all to the masses. I doubt very much the NDA's that some people are signing will have much of an effect on that.

One small point ... Privacy laws in Canada are NOT part of the criminal code per se, though failure to comply with a Federal Court order to change one's privacy procedures could result in criminal charges being laid.

--art

[susanna]

Originally Posted by artwilliams

One small point ... Privacy laws in Canada are NOT part of the criminal code per se, though failure to comply with a Federal Court order to change one's privacy procedures could result in criminal charges being laid.

--art

This is right....and me being located in ontario I am bound by PIPEDA which says that an individual must know what their private and personal information would be used for. I am not entirely sure but for years now the girls/guys knew that their information would be shared with webmasters and possibly the government. The real problem is if its shared past that point and it would be problematic for me to prove in a court of law that the model knew that I would have her information but I think it could be done. If I shared her information past myself and the government agencies I would be in shit...Infact there is a clause in PIPEDA that says that you MUST share the private information if by not sharing it you would break a different law...example would be sharing the identity of a child abuser to childrens aid...not sharing it under privacy law would be illegal as all of us are bound by law to report child abuse. The law was not intended to protect those who are doing illegal activity so in that clause, if a police/government agency came to my house they could demand to see my records and PIPEDA could not make me keep them private.

I cannot post the models information either... and...what interests me more is that 2257 wants webmasters to post their own information... as a paysite owner I have no issue posting it but as a cam girl or other such amateur site owner I would.

The idea of our privacy laws is to protect ME the individual...to give me a say in where my personal information is dispursed and the right to refuse dispursing it. So the US government cannot make me post my personal information. Of course they can make all of you stop dealing with me if you are seen as not following the rules if you do.

Now on a technical note... if someone were to have issue with our handling of their records...they are to first complain/ask questions of us (the business in question) then if they are not satisfied with the removal of the records or the rectification (be there any) then they can go to the privacy commission with their complaint. This is so new I am not aware of any complaints that have gotten this far.

One of the more noticable changes has been in the visa slips you get in a restaurant/store etc...they must have ***** where numbers should be. Other then that I have heard of few changes that were driven by complaint...most people who gather personal information (such as your doctor or health care facility) already have HUGE ASS standards to protect confidentiality and so this new law did not cause much problem.

The real reason this law is now in place is because of list sharing...example signing up at your cable company and not knowing that the cable company shares your personal contact information with anyone who wants to buy it (this is meant to reduce all forms of spam on and offline)

[tickler]

Originally Posted by susanna

The idea of our privacy laws is to protect ME the individual...to give me a say in where my personal information is dispursed and the right to refuse dispursing it. So the US government cannot make me post my personal information. Of course they can make all of you stop dealing with me if you are seen as not following the rules if you do.

Now on a technical note... if someone were to have issue with our handling of their records...they are to first complain/ask questions of us (the business in question) then if they are not satisfied with the removal of the records or the rectification (be there any) then they can go to the privacy commission with their complaint. This is so new I am not aware of any complaints that have gotten this far.

One of the more noticable changes has been in the visa slips you get in a restaurant/store etc...they must have ***** where numbers should be. Other then that I have heard of few changes that were driven by complaint...most people who gather personal information (such as your doctor or health care facility) already have HUGE ASS standards to protect confidentiality and so this new law did not cause much problem.

The real reason this law is now in place is because of list sharing...example signing up at your cable company and not knowing that the cable company shares your personal contact information with anyone who wants to buy it (this is meant to reduce all forms of spam on and offline)

PIPEDA is pretty much a standard now for any systems design. So personal information at an employer goes into a personnel file. The employer is not allowed to turn around and share it with an outside company.

Notice also on all the gov't forms they tell you exactly which DBs the info will be stored in.That way the police do not access to the tax records without a court order.

The main test so far has been in BC where personal information was being outsourced to the CDN subsidary of an American company. The court ruled that the only way to handle it was to have the CDN subsidary placed in trust so that the gov't could assume control if the US parent was being forced by the US gov't to diclose information under the Patriot Act or similar. It also allowed for fines up to $35 million, and other penalties. Seems to have become a standard in case law all over the commonwealth.