Delivered-To: [EMAIL PROTECTED] Date: Tue, 30 Dec 2003 08:46:10 -0500 From: Michael Geist <[EMAIL PROTECTED]> Subject: Quebec readies constitutional challenge to Canadian privacy law X-Sender: [EMAIL PROTECTED] To: [EMAIL PROTECTED]

<http://www.torontostar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1072739408672&call_pageid=968332188492&col=968793972154>

Federal privacy law to face legal challenge

Tyler Hamilton
Business Reporter

The Quebec government is preparing a constitutional challenge against a new federal privacy law that governs how businesses manage and protect customer information, the Star has learned.

With just two days left before the new federal privacy rules go into force, the Quebec Court of Appeal has cleared the way for the province's attorney-general to contest the "constitutional validity" of the Personal Information Protection and Electronic Documents Act, a law that will apply to any business in a province that doesn't already have its own private-sector privacy legislation.
The province's position, outlined in a Dec. 17 Quebec Court of Appeal order obtained by the Star and translated into English, is that the federal law "interferes with Quebec's constitutional competence in matters of civil rights" and that the federal government has exceeded its jurisdiction.


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Professor Michael A. Geist
Canada Research Chair in Internet and E-commerce Law
University of Ottawa Law School, Common Law Section
Technology Counsel, Osler, Hoskin & Harcourt LLP
57 Louis Pasteur St., P.O. Box 450, Stn. A, Ottawa, Ontario, K1N 6N5
Tel: 613-562-5800, x3319     Fax: 613-562-5124
[EMAIL PROTECTED]              http://www.michaelgeist.ca

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