From user profiles and location information to IP addresses and RFID, the world of information technology has evolved at a rapid pace, exposing both individuals and organizations to new levels of risk - and responsibility. Yet, data protection and privacy laws are still applying a definition of "personal information" that was developed in the 1970s. It's time to take a fresh look at the definition and develop a new legal framework for assessing which data should be classified as personal information. And that's precisely what this new publication, Understanding Personal Information: Managing Privacy Risks, aims to do.
Highlights of this Book
Researched and written by Eloïse Gratton, a leading expert in IT law, new media and privacy issues, this volume provides a thorough investigation of the concept of personal information, including:
An Important Resource
This guide is a valuable reference book for organizations that handle personal information as well as their legal counsel as it will help them assess:
In addition, Understanding Personal Information: Managing Privacy Risks may be of interest to Canadian lawyers, lawmakers, policymakers, privacy commissioners, courts, consumer groups, and governmental authorities and agencies.
1. Background Leading to the Definition of Personal Information
1.1. Historical Background Leading to Laws Protecting Personal Information
1.1.1. Evolution of the Notion of Privacy
1.1.2. Control over Personal Information and Fair Information Practices
1.1.3. Definition of Personal Information: Origin and Background
1.2. Technological Background Affecting Personal Information
1.2.1. Increase in Volume of Information
1.2.2 New Types of Information and Collection Tools
1.2.3. New Identifying Methods
1.2.4. New Uses of Information
1.2.5. Increased Availability of Data
2. Constructing the Definition of Personal Information
2.1. Deconstructing the Definition of Personal Information
2.1.1. Deconstructing the Concept of Privacy as Control
2.1.2. Deconstructing the Efficiency of the Definition of Personal Information
2.2. Reconstruction Taking into Account Underlying Risk of Harm
3. Implementation the Risk of Harm Approach to the Definition of Personal Information
3.1. Subjective Harm Associated with Definition of Personal Information
3.1.1. Subjective Harm Resulting from the Collection of Information
3.1.2. Subjective Harm Resulting from the Disclosure of Information
3.2. Objective Harm Associated with the Definition of Personal Information
3.2.1. Objective Harm Resulting from the Use of Information
Eloïse Gratton, LL.M., LL.D., is a leading expert in IT law, new media and privacy issues. She is a partner at McMillan LLP, Co-Chair of the Privacy Group and acts as privacy officer for McMillan's Montréal office. Prior to joining the firm, she acted as Director of Corporate & Legal Affairs for a wireless technology company. She holds a doctorate degree in law from Université de Panthéon-Assas (Paris II) and University of Montréal. Ms. Gratton speaks frequently at national and international technology conferences (she has presented at over 50 conferences) and has published over 40 articles on technology law issues which frequently appear in local and international publications. She is the author of the textbook Internet and Wireless Privacy: Legal Guide to Global Business Practices (CCH) which was quoted by the Supreme Court of Canada in the Tariff 22 decision. She contributed to the 2009 edition of Privacy in the Workplace (CCH) and to the 2008 edition of the U.S. World Online Business Law (Oceana). Ms. Gratton frequently acts as guest columnist for the Montréal Gazette and is often interviewed in the news as an IT law and new media expert (Radio-Canada, CTV, TVA, V, CBC, Les Affaires, National Post, Le Devoir, Journal de Montréal, etc.). She serves as a board member for the Canadian IT Law Association. She teaches e-commerce law at the masters program in e-commerce (University of Montréal and HEC) since 2009 and data protection, privacy and IT law at the masters program (University of Montréal, Faculty of Law).
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