Real and substantial connections : Enforcing Canadian privacy laws against American social networking companies

Bennett,C, Parsons,CA and Molnar,A 2014, Real and substantial connections : Enforcing Canadian privacy laws against American social networking companies, Journal of Law, Information and Science, vol. 23, no. 1, pp. 50-74.

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Title Real and substantial connections : Enforcing Canadian privacy laws against American social networking companies
Author(s) Bennett,C
Parsons,CA
Molnar,AORCID iD for Molnar,A orcid.org/0000-0003-3285-648X
Journal name Journal of Law, Information and Science
Volume number 23
Issue number 1
Start page 50
End page 74
Total pages 25
Publisher University of Tasmania
Place of publication Australia
Publication date 2014
ISSN 2200-3517
Summary Any organisation that captures personal data in Canada for processing is deemed tohave a ‘real and substantial connection’ to Canada and thus fall within thejurisdiction of the Personal Information Protection and Electronic Documents Act(PIPEDA) and of the Office of the Privacy Commissioner of Canada (OPC). Whathas been the experience of enforcing Canadian privacy protection law on US-basedsocial networking services? We analyse some of the high-profile enforcement actionsby the Privacy Commissioner. We also test compliance through an analysis of theprivacy policies of the top 23 SNSs operating in Canada and through the use of accessto personal information requests. Our analysis suggests that non-compliance iswidespread, and is explained by the countervailing conceptions of jurisdictioninherent in corporate policy and technical system design.
Language eng
Field of Research 180103 Administrative Law
Socio Economic Objective 940404 Law Enforcement
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2014, University of Tasmania
Persistent URL http://hdl.handle.net/10536/DRO/DU:30069070

Document type: Journal Article
Collection: School of Humanities and Social Sciences
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