Volume III

Issue : 4: February 24, 2005

• Canadian Federal Court of Appeal Issues Judgment in Privacy Case (Englander v. Telus)
• Online Information Broker Sued for Failing to Protect Confidential Database
• New Zealand Restaurant Fined for Out-of-Date Menu Information on its Website
• Canadian Competition Bureau Sweeps Internet for Scams and Spam
• First SPIM Arrest
• Court Finds Jury Members Should not Use Internet for Coming to Decisions
• Dutch Court Prohibits Web-based Gambling
• Motion Picture Association of American Shuts Down File-Swapping Site
• Record Fine for DJ's MP3 Piracy
• Washington State Court Denies AOL Choice of Jurisdiction Clause
• EU Parliament Rejects Proposed Law on Software Patents
• Canadian Federal Government Publishes Its Secure Electronic Signature Regulations
• Lawsuit Alleges eBay's Bidding Practices are Illegal

Home > Volume III > Issue 4: February 24, 2005 > Canadian Federal Court of Appeal Issues Judgment in Privacy Case (Englander v. Telus)

Canadian Federal Court of Appeal Issues Judgment in Privacy Case (Englander v. Telus)

Further to an interim decision released last November, the Canadian Federal Court of Appeal has issued its final judgment in Englander v. Telus (in which the Privacy Commissioner of Canada intervened). Telus was found to have breached PIPEDA by failing to inform first time customers of the primary and secondary purposes for collecting their telephone listing information and of the availability of non-published number service. The Court refrained from issuing an injunction as Telus had already pledged to change its business practices in order to comply with the Act. The Court did, however, order Telus to pay Mr. Englander's costs, and ordered the Privacy Commissioner to pay to Mr. Englander the reasonable disbursements he incurred on the appeal with respect to the Privacy Commissioner's motion for leave to intervene and the Commissioner's participation in the appeal.

For a copy of the final judgment, visit:
http://www.mathew-englander.ca/fca-order-09feb2005

For a copy of the earlier decision, visit:
http://decisions.fca-caf.gc.ca/fca/2004/2004fca387.shtml