Name of presenter(s) or subtitle Privacy laws and their impact on research David W. Stark MRIA B.C. Chapter November 2, 2005.

Slides:

Advertisements

Similar presentations

Business Management (National 5)

Advertisements

NACARA Annual Conference Industry Perspectives Panel September 29,2014 Boise, Idaho Andy Madden Director State Government Affairs ACA International.

Regulatory Issues in Campus Computing Privacy and Security in a Digital World Presented by David Gleason, Esq. University Counsel University of Maryland,

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA)

The Problem Solvers TM Privacy Rights: Minors and Parents Michael J. Hewitt Marcel Daigle Singleton Urquhart LLP.

Security Professionals Workshop: Legal Issues in Computer and Network Security Peter C. Cassat.

Advertising and Sales Promotion ©2013 Cengage Learning. All Rights Reserved. Chapter 13.

Can the US Meet International Privacy Standards in an Era of Personal Health Records, Consumer Scores and Watch Lists? UNSW's Cyberspace Law and Policy.

BGS Customer Relationship Management Chapter 13 Privacy and Ethics Considerations Chapter 13 Privacy and Ethics Considerations Thomson Publishing 2007.

1 PRIVACY ISSUES IN THE U.S. – CANADA CROSS BORDER BUSINESS CONTEXT Presented by: Anneli LeGault ACC Greater New York Chapter Compliance Seminar May 19,

Quebec City February 2005 PUBLIC SECTOR CIO COUNCIL BC - USA Patriot Act Update.

Mark S. Hayes – Blake, Cassels & Graydon LLP Privacy and Security – Some Observations Mark S. Hayes, Blake, Cassels & Graydon LLP 7th CACR Privacy and.

E-Commerce: Legal and Practical Issues Legal Issues: Security – December 2, 2005 Stephen M. Foxman Philadelphia.

© 2003 IBM Corporation Privacy 12 th CACR Workshop Yim Y. Chan Chief Privacy Officer & CIO IBM Canada Ltd. w3.ibm.com/Privacy.

Managing Personal Information - Australian Companies Outsourcing to India and the Philippines Professor Margaret Jackson and Marita Shelly.

1 Information and Systems Security/Compliance Security Day The Information and Systems Security/Compliance Program Dave Kovarik.

Privacy in Ontario Brian Beamish Office of the Information and Privacy Commissioner/Ontario Presentation to Security Canada Central 2002 International.

The role of the Office of the Privacy Commissioner in telecommunications Andrew Solomon Director, Policy.

1 Office of theCommissariat Privacy Commissionerà la protection de of Canadala vie privée du Canada Personal Information Protection and Electronic Documents.

A NEW GOVERNANCE PARADIGM: Canadian Privacy Law Developments March 11, 2004 Haliburton, Ontario Canada Volunteerism Initiative Arts Council for Haliburton.

Taking Steps to Protect Privacy A presentation to Hamilton-area Physiotherapy Managers by Bob Spence Communications Co-ordinator Office of the Ontario.

Understanding Privacy Breach Risk: Ontario Universities Risk Management Symposium Presented by Brian Rosenbaum LL.B. Director, Legal and Research Practice.

“Privacy Implications of RFID Technology in Health Care Settings” Marc Rotenberg President EPIC Dept. of Health & Human Services Washington, DC 11 January.

CASA & CCEL Webinar Series 9. PRIVACY & OLDER ADULTS Aging and The Law: What Every Professional Needs To Know.

Age-Friendly Business ® Canadian Centre for Elder Law and PRESENTS:.

1 MARKETING RESEARCH AND INTELLIGENCE ASSOCIATION Ottawa Chapter We would like to acknowledge the support of the following organizations: Without their.

Operational Strategies for compliance with the new privacy legislation Excerpted from a Powerpoint presentation by Murray Long, Murray Long & Associates.

1 9. PRIVACY & OLDER ADULTS Faculty : Laura Watts, LL.B., National Director, CCEL Aging and The Law : Professional Issues Level 1 Webinar #9 Canadian Academy.

Forgetting, Non-Forgetting and Quasi-Forgetting: Public Policy and Corporate Practice Colin J. Bennett, Adam Molnar and Christopher Parsons Department.

David W. Stark Name of presenter(s) or subtitle MRIA Alberta Chapter

CLOUD AND SECURITY: A LEGISLATOR'S PERSPECTIVE 6/7/2013.

Notes for Discussion on a Privacy Practice © Joe Cleetus.

Privacy & Personal Information Prepared by the CBC Law Department CONFIDENTIAL – FALL 2011.

Chapter 21 MARKETING - SOCIALLY RESPONSIBLE 1The Impact of Marketing 2Criticisms of Marketing 3Increasing Social Responsibility.

Part 6 – Special Legal Rights and Relationships Chapter 35 – Privacy Law Prepared by Michael Bozzo, Mohawk College © 2015 McGraw-Hill Ryerson Limited 34-1.

Privacy Issues In Market Research Duane L. Berlin, Esq. General Counsel, CASRO Principal, Lev & Berlin, P.C. PL&B Annual Conference Cambridge, MA 22 August.

The DoubleClick controversy and other related issues pertaining to privacy on the Internet.

Initial reflections of the privacy commissioner on Ontario’s draft privacy bill Ann Cavoukian, Ph.D. Information and Privacy Commissioner/Ontario Toronto.

IAPP KnowledgeNet Los Angeles “Thinking Outside the Cookie Jar” The Second Wave of Global Privacy Protection: Why This Year Is Different Peter Swire, Senior.

Prepared by Douglas Peterson, University of Alberta 15-1 Part 3 – The Law of Contract Chapter 15 Electronic Business Law and Data Protection.

CORPORATE STRUCTURING AND BASIC TAX CONSIDERATIONS.

Understanding HIPAA (Health Insurandce Portability and Accountability Act)

COPYRIGHT © 2011 South-Western/Cengage Learning. 1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears,

PIPEDA and Receivables Management Robin Gould-Soil Receivables Management Association of Canada November 16, 2011.

Privacy Challenges for Condominium Corporations and Condominium Managers presented to the Association of Condominium Managers of Alberta by Carmen Mann,

BC Public Libraries November, 2008 Privacy Principles.

Federal Agencies and Laws for Consumer Rights

Student Financial Assistance. Session 55-2 Session 55 Internet Privacy Laws.

© 2008, Consumer Data Industry Association Congressional Privacy Policy Panel Stuart K. Pratt.

1 Canadian Privacy Policy: Customizing E.U. Standards Remarks by Jennifer Stoddart Privacy Commissioner of Canada Privacy Symposium: Summer 2007 August.

PRIVACY, LAW & ETHICS MBA 563. Source: eMarketing eXcellence Chaffey et al. BH Overview: Establishing trust and confidence in the online world.

Intellectual Property. Confidential Information Duty not to disclose confidential information about a business that would cause harm to the business or.

Privacy Information for Advisors. Agenda PIPEDA Advisor Required Privacy Program Our MGA Privacy Program Recommendations for Advisors.

Chapter 4: Laws, Regulations, and Compliance

Copyright © 2012, Big I Advantage®, Inc., and Swiss Re Corporate Solutions. All rights reserved. (Ed. 08/12 -1) E&O RISK MANAGEMENT: MEETING THE CHALLENGE.

Privacy Issues - Watch Out! John D.R. Craig ORIMS Professional Development Day March 19, 2013.

Key Points for a Privacy Programme for Multinationals Steve Coope.

The Health Information Protection Act. What is the Health Information Protection Act (HIPA)? HIPA is legislation that speaks to access to, and protection.

Understanding Privacy An Overview of our Responsibilities.

Canada’s Breach Reporting Law What you need to know Timothy M. Banks, CIPP/C Dentons Canada LLP July 21, 2015.

Understanding Privacy An Overview of our Responsibilities.

Federal Agencies and Laws for Consumer Rights

Overview General Data Protection Regulation (GDPR)

Contingent Workforce: Global Privacy Laws Overview

E&O Risk Management: Meeting the Challenge of Change

Big Data Considerations

Consumer Privacy An Introduction

Mandatory Breach Reporting (isn’t *that* bad)

On the Cutting Edge – Update on Privacy Legislation

Upcoming PIPEDA Changes

Presentation transcript:

Name of presenter(s) or subtitle Privacy laws and their impact on research David W. Stark MRIA B.C. Chapter November 2, 2005

Privacy laws and their impact on research

©2005 TNS Canadian Facts 3 Agenda Privacy legislation overview Canadian & U.S. laws Compliance: is it working? Industry implications Helpful resources Q&A

©2005 TNS Canadian Facts 4 Privacy legislation overview Freedom of Information Access Privacy and Protection of Personal Data Privacy Act - Canada Access to Info. Act - Canada Privacy Legislation - Quebec EU Privacy Directive PIPEDA - Canada PIPA - AB & BC Freedom of Information Act – U.S. Privacy Act – U.S Safe Harbor – U.S.

©2005 TNS Canadian Facts 5 Canadian laws Federal regulations Competition Act (1985; rev and 2001) CRTC Telemarketing Rules (1994; rev. 2004) PIPEDA ( ) Comprehensive law affecting all industries in private sector Bill C-37 (2005?) Would establish a national do- not-call registry Anti-spam legislation (2006?)

©2005 TNS Canadian Facts 6 Canadian laws Provincial regulations Personal information protection acts Quebec (1995) Alberta (2004) British Columbia (2004) Personal health information acts Alberta, Saskatchewan, Manitoba and Ontario

©2005 TNS Canadian Facts 7 U.S. laws Federal Regulations Telephone Consumer Protection Act (1991) Telemarketing Sales Rule (1996) Health Insurance Portability and Accountability Act (1996) Financial Modernization Act (Graham-Leach-Bliley) (1999) Children’s Online Privacy Protection Act (2000) USA PATRIOT Act (2001) CAN-SPAM Law (2003)

©2005 TNS Canadian Facts 8 U.S. laws Federal Regulations Federal Trade Commission Act (Section 5) Obligation to abide by one’s posted privacy policies Eavesdropping and Taping Laws (FCC) Telephone interviewing, focus groups

©2005 TNS Canadian Facts 9 U.S. laws State Regulations Anti-spam laws Do-not-call laws and lists California’s Online Privacy Protection Act (CA OPPA) Must post privacy policy on website if collecting personally-identifiable information from CA residents. California (Senate Bill 1386) Must notify state residents of actual or suspected breach of unencrypted data

©2005 TNS Canadian Facts 10 U.S. laws State Regulations Other states passing legislation similar to California’s privacy laws 28 pending bills in 17 states that would regulate offshoring of personal information Offshoring of state contracts Disclosure of location and name of call centre Prohibition against sending PII to non-U.S. recipients

©2005 TNS Canadian Facts 11 What’s driving consumer privacy laws? Most privacy regulations enacted since early 1990s Coincides with digital information age Databases of PII that can be manipulated and moved offshore at click of a button Public opinion Identity theft “fastest growing crime in the nation” - FTC Outsourcing offshore

Compliance: is it working?

©2005 TNS Canadian Facts 13 Compliance in Canada Low awareness of PIPEDA and provincial privacy laws Federal Privacy Commissioner has treated offending organizations with kid gloves Commissioner’s Office understaffed Still, in general, Canadian firms seem to be more privacy-conscious than their U.S. counterparts

©2005 TNS Canadian Facts 14 Compliance in the United States Patchwork of privacy laws difficult for organizations Multinationals would prefer a national privacy law (similar to PIPEDA) FTC names offending organizations on its website Private right of action in many U.S. laws gives rise to class action suits EU study suggests several U.S. firms on Safe Harbor list are not in compliance

Industry implications

©2005 TNS Canadian Facts 16 Industry implications Third-party disclosures Clients’ customer lists Sharing respondents’ personally-identifiable information with clients List brokers / sample providers Qualitative research: recruiter, moderator, facility Online research Explicit opt-in consent ISP shutdowns customer research client research supplier

©2005 TNS Canadian Facts 17 Industry implications Data security and retention Physical, electronic and organizational Minimum and maximum retention periods International data flows U.S. state laws could impact Canadian call centres and data processing firms Main motive of these laws is protectionism (many U.S. jobs have been outsourced to low-wage countries)

©2005 TNS Canadian Facts 18 Industry implications Contracts with clients that include indemnities and privacy protection clauses Increasing number of clients require completion of comprehensive privacy assessment forms Research is becoming more difficult to conduct

Helpful resources

©2005 TNS Canadian Facts 20 Helpful resources Federal Privacy Commissioner’s website International Association of Privacy Professionals Nymity (privacy consulting firm) MRIA Privacy Protection Handbook (formerly CAMRO)

©2005 TNS Canadian Facts 21 Thank you Tel.: (416)