Remedy Ordered by Federal Court of Appeal in the Englander v Telus Case

In a decision reported in an earlier issue of E-TIPSâ„¢ (Vol 3, No 13, December 8, 2004), the Federal Court of Appeal ruled that a phone company (Telus) had infringed federal privacy law (PIPEDA) by failing to inform first-time telephone subscribers of ancillary uses that would be made of their personal information. The Court has now issued its remedy in the case, Englander v Telus Communications Inc. The remedy handed down was simply a formal judicial declaration of the violation of PIPEDA by the phone company. Because Telus undertook to alter its business practices to comply with PIPEDA, the Court declined to issue a mandatory order in that regard. For the text of the Court's decision, visit: http://www.mathew-englander.ca/fca-order-09feb2005/. Summary by: The Editor