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$1.1 M anti-SPAM Penalty: First monetary enforcement under CASL

Today the CRTC issued its first fine under CASL. 

In a Notice of Violation issued against Compu-Finder, which includes a penalty of $1.1 million, for four violations of Canada’s anti-spam law.  The CRTC alleges Compu-Finder sent commercial emails without consent, as well as messages in which the unsubscribe mechanisms did not function properly.

Apparently, Compu-Trainer is a Quebec based organization in the business of providing various corporate training courses.  It seems email solicitation was a primary means of seeking business.

Fair Trade: tracking your shopping habits in exchange for loyalty points

The concept of tracking sales associated with cutomer loyalty accounts is not new.  With evolving technology, we have refinements.

Some malls and large retailers have also gotten into providing free wifi, in exchange for tracking certain aspects of their visitors' web useage while in-store.  Are shoppers browsing comparables or competitors' websites while shopping?  We know they are.  How many pass through without purchasing?  Some retailers are gathering this information.

Do you need an app to protect you from your apps?

A survey released by Symantec this week reports that their scan of over 6,000 devices in 24 countries shows apps regularly access a device’s phone number, usernames, passwords, calendar details, call log information, and even pictures and text messages with no reason. Further, almost one-third of apps scanned by Norton Mobile Insight leak SIM card information such as address book details, mobile PIN numbers and call history.

CASL Guidance: installing computer programs may not be what you think - go ahead and install that app

The second phase of the CASL regime is almost upon us.  On January 1, 2015, certain rules regarding the installation of computer programs and the associated consent required by CASL come into effect.

In anticipation of the dawning of these new requirements, the CRTC has released some guidance on when and how organizations must obtain consent for the installation of computer programs.

Alberta PIPA survives another six months

The Supreme Court of Canada has granted a reprieve on the impending death of Alberta's Personal Information Protection Act as we know it.

The SCC has provided the Alberta Legislature an additional six months to amend PIPA before it is invalid.

BC's PIPA is not stictly subject to an order of invalidity but it has similar provisions which the SCC found to offend the Charter.

Privacy rights and consent issues are individual, not common issues: Ladas v Apple Inc., 2014 BCSC 1821

The BC Supreme Court declined to certify a class action againt Apple Inc. alleging the surreptitious collection and storing of locational data on iPhones, iPads, iPhone 3G and iPhone 3GS through the "location services" capabilities on those devices.

Frustrated when the app you want requires access to too much information? You aren't the only one: Privacy Commissioner criticizes mobile apps in Privacy Sweep Results

In the annual privacy sweep, involving privacy enforcement authorities from around the world, 1,211 apps were assessed, 151 of them by the Office of the Privacy Commissioner of Canada.  The sweep, which focused on the collection of personal information by mobile apps, found many apps "were requesting permission to access potentially sensitive information, like your location or access to your camera functions, without necessarily explaining why. This left many of our sweepers with a real sense of unease."