Canadian Privacy Law Question ...
 

AS of Jan 2004 Canada has implemented a new privacy Act

"Personal Information Protection and Electronic Documents Act "
Click on the the act to go to the web page

Basicly we now need a Privacy waiver inorder to post private information on Models, to be in acordance with Canadian laws and US 2257 regulations ...

Does anyone have one of these Waivers? Or know more about this new act ? Is it Grandfathered Priorto Jan 1 2004?

thanks for the heads up bud.. will let you know if I see it

First I wonder if giving out a scan of someone's id even with blacked out address would be illegal here... second I wonder if it can just be a paragraph added to the model release that they can initial.

the act reads as follows

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Part 1 of the Personal Information Protection and Electronic Documents Act establishes rules to govern the collection, use and disclosure of personal information by organizations in the course of commercial activity. The legislation requires an organization, which is disclosing personal information, to obtain the individual's consent in most circumstances. An exception to this rule is found in paragraphs 7(3)(d) and (h.2) of Part 1 of the Act which permit the disclosure of personal information to and by a private investigative body, without the knowledge or consent of the individual, if the investigative body is specified by the Regulations. The purpose of this Regulation is to name the investigative bodies for the purposes of paragraph 7(3)(d) or (h.2) of Part 1 of the Act.

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IMHO thi is the most important part of this Paragraph of the Act

" Part 1 of the Act which permit the disclosure of personal information to and by a private investigative body, without the knowledge or consent of the individual"

Isn't signing a release form acknowlegement or consent of the individual .. doesn't this mean the the simple act of taken a bunny ear picture (Id picture for those that don't know hte teminalogy) and signing the Release form a type constent that the person acknowledges that Informations and images optained will be made available to the public ? Hense a sibngle line waiver in hte release stating that all Private Information can and will be made available to authories and/or public , enough?

Yeah, makes sense for bunny ear photos... what about ID scans?

Bump

the creation of this act was to control fraud by insurance companies . however reading this act it seems to also paralell with 2257 Regs .. making it harder for Canadian companies to share images/Information with US companies that have to comply with 2257 regs ...


this is why I think a clause in your release form about the privacy act should cover your ass for cross border sales of Content

a bimp for Vid:Graucho

Bump, someone's got to know the answer to this.