Privacy Protection and Commercial Expression

ebook Volume 1

By Danielle Olofsson

cover image of Privacy Protection and Commercial Expression

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As author Danielle Olofsson points out in the first chapter of her new publication, a "tension … exists at present between Canadian privacy legislation and a company's right to use workforce demographics to market itself â€" a practice that arguably constitutes a form of commercial expression." Olofsson aims to explore this tension in Privacy Protection and Commercial Expression, and examines whether "the blanket protection of personal information provided by this legislation is still relevant and effective, and what interpretive or legislative changes should be made to these acts to enable them to accommodate responses to industry challenges."

This book provides some background on the evolution and interpretation of a right to privacy and attempts to formulate arguments that could be used by a company to challenge either federal or provincial privacy legislation pursuant to section 2(b) of the Canadian Charter of Rights and Freedoms.

In-depth coverage

In Privacy Protection and Commercial Expression, Olofsson explains the evolution of Canadian privacy law, the international influences on it and how the current privacy regimes inhibit a Canadian company's ability to respond effectively to an industry challenge. In particular, she:

  • Provides a succinct summary of the meaning, evolution and importance of privacy, as well as the meaning of an industry challenge and its potential impact on a company's bottom line
  • Seeks to establish how the shifting boundary lines of privacy might be drawn to provide balance between a company's right to use workforce demographics to market itself and the right of the individual working for the company to keep that same information private
  • Reviews the influence of the law on Canadian privacy protection by examining the ways privacy has been protected in jurisdictions that have the greatest influence on Canada, including the European Union, the United States and the United Kingdom
  • Examines how a variety of legal influences from abroad are reflected in the Canadian approach to privacy â€" for example, certain laws explicitly protect the use, collection and communication of personal information, effectively preventing a company from responding to an industry challenge, but the courts, following the example of their United Kingdom counterparts, are more likely to address privacy on a case by case basis
  • Explores the interpretive and legislative amendments that could be made to Canadian privacy legislation to enable a company to respond to industry challenges
  • Discusses the possible legal action a company could take to support its position that a particular privacy law violates its right to express itself commercially under s. 2(b) of the Charter

    Olofsson examines these issues in the context of privacy legislation from across the country, including An Act Respecting the Protection of Personal Information in the Private Sector from Quebec, the Personal Information Protection Act from both Alberta and British Columbia and the federal Personal Information Protection and Electronic Documents Act. Ultimately, readers gain insight into the potential impact the tension between these conflicting rights can have on a business as well as the possible legal actions available under the Charter.

    A practical resource...

  • Privacy Protection and Commercial Expression