PRIVACY AND INTERNATIONAL LAW

Question 1

CASL

Answer 1

Canada’s Anti-Spam Legislation

the rules for collecting, storing, and using private information, as well as sending advertising emails

Question 2

Obligations PIPEDA (Personal Information Protection and Electronic Documents Act) for private sector organizations

Answer 2

1. Consent
2. Purpose Specification: Clearly identify why the information is being collected and how it will be used.
3. Safeguards: Ensure that the data is securely stored to protect it from unauthorized access, use, or disclosure.
4. Access and Correction: Individuals have the right to access their personal information and request corrections if necessary.

Question 3

Sending Advertising Emails under CASL

Answer 3

1. Consent Requirements:
   o Express Consent: The recipient explicitly agrees to receive marketing emails, often through an opt-in mechanism.
   o Implied Consent: This applies in situations like existing business relationships or when an individual has published their email address (e.g., on a public website) without a statement prohibiting unsolicited emails.
2. Identification: Every email must identify the sender and include the organization’s name, address, and contact information.
3. Unsubscribe Mechanism: IEvery email must includea functional and easy-to-use unsubscribe mechanism Requests to unsubscribe must be processed within 10 days.

Question 4

Determining Jurisdiction Of International Lawsuit

Answer 4

Use the Van Breda Test: Courts will take jurisdiction over a matter if these factors allow it:
Traditional factors / “Real and Substantial Connection” test / Forum Non Conveniens

Question 5

Traditional Factors

Answer 5

Defendant’s presence in the jurisdiction or consent to submit to the court’s jurisdiction

Question 6

Real and Substantial Connection to the Jurisdiction

Answer 6

The Defendant is domiciled or resident in the province;
The defendant carries on business in the province;
The tort was committed in the province; or
A contract connected with the dispute was made in the province.

Question 7

Forum Non Conveniens

Answer 7

Even if the court has jurisdiction over the matter, it can decline to exercise its jurisdiction if another jurisdiction would be clearly more convenient or appropriate.

Forum non conveniens factors:
* Service of documents
* Availability of Witnesses
* Enforcement of Judgment
* Avoidance of multiplicity of actions
* Standing
* Applicable law

Question 8

Enforcement of Foreign Awards

Answer 8

There is no obligation for one jurisdiction to recognize the judgment of another jurisdiction. Questions arise to its legitimacy, including:
* Was the judgment made in the appropriate forum?
* Was the judgment legitimately obtained?
* Does the judgment offend against either natural justice or public policy?