Court affirms penalties against U.S.-based search services web site

The OPC filed an amicus curiae brief in a case before the U.S. Tenth Circuit Court of Appeals relating to trans-border data flows between the US and Canada, how data-brokers collect, use and disclose personal information without the knowledge or consent of the individual concerned, and how online trade in personal information impacts privacy rights. The OPC brief outlined how the Court’s decision would have a direct impact on the privacy rights of Canadians and the business reputation of Canadian organizations affected by the actions of data-brokers. The OPC brief particularly highlighted the fact that the unauthorized collection, use and disclosure of personal information over the Internet by data-brokers can cause harm and has extra-territorial effects. The U.S. Court of Appeals (10th Circuit) recently affirmed the injunctive and monetary judgment against the operator of a web site that sold confidential phone records obtained by pretexting practices.  The decision is available on the court's website at: http://www.ca10.uscourts.gov/opinions/08/08-8003.pdf

June 2009