On August 28, 2002, the Canadian Privacy Commissioner released his findings on the complaint by an individual that an Internet Service Provider (ISP) had been continuing to receive, store, and withhold e-mails from the subscriber while her account was under suspension pending the payment of arrears. The Commission found that the ISP had breached the Personal Information Protection and Electronic Documents Act (PIPEDA) by having used the complainant's personal information without her consent and by failing to sufficiently indicate in the original service agreement how it would handle e-mails in the event of an account suspension. Concerned about the implications of storing and withholding e-mail messages without informing the sender or the intended recipient, the Commissioner recommended a practice of returning e-mails to senders with notification of non-delivery. To view the Commissioner's findings, visit: http://www.privcom.gc.ca/cf-dc/cf-dc_020828_e.asp For a copy of PIPEDA, visit: http://laws.justice.gc.ca/en/publaw/46330_17799.html.


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Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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