DOCSLIB.ORG

Privacy Insights 2020 2

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Privacy Insights 2020 2 AN OFFERING FROM BDO’S GOVERNANCE, RISK & COMPLIANCE PRACTICE PRIVACY INSIGHTS 2020 2 FOREWORD This whitepaper is focussed on global data privacy regulatory insights. The other megatrend is the mass move globally to working from home. However, given the current global COVID-19 pandemic situation it would This brings internal and external challenges. Internal considerations include be injudicious to not mention some of the considerations for data privacy the rapid shift to remote working with increased use of personal devices during these unprecedented times. There are two global megatrends to and dependence on key individuals as well as the need to understand more monitor developments of. about the personal health situation of not only employees but those they are co-habiting with. Additionally, timelines for responding to Data Subject The first is the global race to develop contact tracing applications. These are Access Requests can be strained. External challenges include the emergence being designed and developed by large corporations, national governments of increased opportunities for fraudsters and criminals to illegally obtain and private companies. Significant work is underway by Data Protection personal data as well as the potential impact of an impaired service from Authorities, lawyers, politicians and privacy advocates to balance citizens external providers which may result in increased data breaches. privacy rights with the urgent need to manage the pandemic. There is also significant concern that even if privacy rights can be balanced for this specific use, governments and companies may retain too much control over citizens data post the pandemic as a result. Karen A. Schuler, Principal and National Governance, Risk & Compliance Leader, BDO USA Koen Claessens, Partner Risk Advisory, BDO Belgium 3 INTRODUCTION BDO’s clients operate in multiple jurisdictions around the world. As such, we are pleased to provide a summary of current data privacy obligations along with contact details and commentary, from a sample of jurisdictions where BDO has substantial privacy expertise. Over the last several years BDO formalized its global privacy program by defining and operationalizing data privacy services that complement data governance, information governance and cybersecurity. Core services that BDO offer includes: assessments, legal support, technology support, implementation and remediation, and managed services. A comprehensive view of our offerings are outlined below. Managed Services Legal Support • Individual Rights Administration • Ad hoc legal advice (e.g. video surveillance, DSARs, Data • Privacy by Design Operations Sharing) • Maturity Assessments • Advice on data subject requests and data breaches • PrivacyWatch DATA • Advice on interpretation and applicability • Data Protection Acadamy PRIVACY • Advice on contractual arrangements with third parties • External DPO or internal DPO support • Legal representation vis a vis Data Protection Authorities • Representative as a Service • International data transfers policies and registers development Assessment Technology Support • Data Privacy readiness assessment Implementation and Remediation • Design and review of planned and existing architecture. ‘Data Privacy by design’ • Data Privacy audit / due diligence • Data privacy strategy and implementation • Data Privacy Impact Assessments & implementation of technical measures • Annual Privacy Healthcheck • Privacy project management • Data subject rights management • Data mapping / data flow diagramming • Privacy notices, policies and procedures development • Data privacy management tools: Tool / software selection Plan, design & • Records of processing register development • Technical controls implementation implementation of tools • Data Protection Assurance / Certification • Third-party processor remediation • Data masking & Data encryption tool • Data minimization, retention, erasure and classification • Security assessments: Vulnerability scanning, Penetration testing, policies, and process development Ethical hacking & social engineering 4 GLOBAL INSIGHT Although there are varying patterns globally, The dreaded fines which were the oft-cited driver for typically lead to investigations. Those investigations common themes exist across jurisdictions. For GDPR compliance in the run up to May 2018 have not may result in fines; however, the fees to complete example, companies serving European markets are made the impact many expected, leading to many these investigations range from $50,000 to millions. required to comply with the General Data Protection (inaccurate) comparisons to Y2K (the millennium bug). Regulation (GDPR). Those same companies operating It is true that although some hefty fines have been Regulators have been ‘complaint led’ and focused in California, United States or in Brazil will be required issued, the frequency or magnitude that were predicted on core principles such as fairness, lawfulness and to comply with their new regulations, which only in some quarters have not come to fruition. However, transparency as exemplified in the Cambridge compounds privacy program obligations. That, in penalties were far greater than under existing European Analytica/ Facebook scandal, where personality addition to the global pandemic driving regulatory data protection regulations. And, the GDPR is driving tests were used to gain access to data used for updates and guidance makes it difficult for companies other jurisdictions to conduct investigations. Therefore, targeted adverts, allegedly influencing the outcome to sustain a business-as-usual state. even though GDPR penalties have been in the order of the U.S. election and the UK Brexit referendum. of thousands rather than millions and most entities This reflects the fact that in general, scrutiny and In 2017 and 2018 companies rushed to attain have (so far) remained unscathed, data breaches are publicity has been focused on the social media giants compliance in time for GDPR in May 2018. Thousands being investigated in regions outside of the European and larger multinational companies. Resting on one’s of readiness assessments were conducted, resources Economic Area (EEA). That said, the fine of 50 million laurels however is not an option. It is worth noting were mobilised, only to wait to see if a regulator EUR issue by the French DP against Google in January that the big cases take time to bring to fruition would call upon them to evaluate their state of 2019 (for lack of transparency, inadequate information and progress through the court system. They may compliance. Following this, in 2019, there were limited and lack of valid consent regarding targeted adverts) not have hit the headlines yet, but there are cases GDPR activities across Europe, however companies certainly caused companies to take notice. waiting in the wings. In purely pragmatic terms, the based in the United States experienced an uptick Data Protection Authorities have had a significant in activity – in particular, they were called upon Data breaches are not region-dependent - data knows workload to examine. Not only that, they also to demonstrate compliance. And, if a data breach no boundaries. For example, a company operating in the have to manage ongoing issues that pre-dated the occurred, then regulators from jurisdictions like the United States may service consumers in more than 50 GDPR. Both the UK’s Information Commissioner’s European Union, China, India, Turkey, United States, jurisdictions. That company experiences a data breach Office (ICO) and the Irish Commissioner have Hong Kong, Australia, Canada and many others were where consumers are impacted in 20 jurisdictions and indicated that there are cases in the pipeline for keen to scrutinise what occurred and demonstrate 15 of them have data protection laws or regulations. The 2020. Now more resources have been allocated and their new powers. Regulators are also more impacted organization will likely receive an enquiry from experience gained, it is predicted that regulatory sophisticated than ever before; often calling in outside each of those jurisdictions, which then could lead to five activity will ‘step up’- and the highest fines and most experts and lawyers to ensure they are thoroughly or more investigations. Some jurisdictions ask specific significant enforcement notices are yet to come. investigating such cases. questions about the incident and will surmise that the Data controllers and processors who have become company operated in good faith to protect the rights complacent in 2019 may well regret their lack of of individuals. However, the other five inquiries will action. 5 It has also become apparent that ‘GDPR compliance’ data protection cases”. The EDPB plans to release is by no means a simple or binary matter. Sub- guidance on the certification and Codes of Conduct as In the EEA over 160,000 data processors are a good example of this. Although a tool for transfers, as well as international transfers one of the compulsory ‘GDPR clauses’ requires that between public bodies for administrative cooperation breach notifications have processors cannot deploy sub-processors without purposes. They will also continue to provide opinions been reported to date express consent, it is difficult (if not impossible) to from certain Supervisory Authorities on standard implement this in practice. In particular, multinational contractual clauses for international transfers under Total Number of GDPR Fines companies who have ‘take
Load more

Recommended publications
  • Protecting Privacy Under the Fourth Amendment
    Protecting Privacy Under the Fourth Amendment The Fourth Amendment' has explicitly been held to protect personal privacy2 since at least the mid-nineteenth century.3 Experts in many fields, including law, psychology, philosophy and sociology, believe that privacy is vitally important to all human beings,' and the Supreme Court has 1. The Fourth Amendment provides that: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. U.S. CONST. amend. IV. Under the Fourteenth Amendment, the states must comply with the provisions of the Fourth Amendment. Mapp v. Ohio, 367 U.S. 643, 655 (1961). 2. As a constitutional concept, privacy is an elusive yet fundamental value. Although the word "privacy" does not appear in the Constitution, the Supreme Court has recognized a constitutional right to privacy based upon provisions of the First, Third, Fourth, Fifth, and Ninth Amendments and their respective "penumbras." Griswold v. Connecticut, 381 U.S. 479, 484-85 (1965); cf Beaney, The ConstitutionalRight to Privacy in the Supreme Court, 1962 SUP. CT. REV. 212, 215 ("The nearest thing to an explicit recognition of a right to privacy in the Constitution is contained in the Fourth Amendment".) This right to privacy is a "fundamental personal right, emanting 'from the totality of the constitutional scheme.' " Griswold v. Connecticut, 381 U.S. 479, 494 (1965) (Goldberg, J., con- curring) (quoting Poe v.
    [Show full text]
  • Privacy in the Employment Relationship, Practical Law Practice Note 6-517-3422 (2017)
    Privacy in the Employment Relationship, Practical Law Practice Note 6-517-3422 (2017) Privacy in the Employment Relationship by Thomas H. Wilson, Vinson & Elkins LLP and Corey Devine with Practical Law Labor & Employment Maintained • USA (National/Federal) This Practice Note provides an overview of privacy issues in employment, which may arise in various contexts, such as background checks, drug testing, email and other electronic surveillance and tracking by GPS. Invasion of privacy claims are highly fact-intensive and largely dependent on state law. This Note contains information that is general and not jurisdiction-specific. Contents Overview of Privacy Laws Background Checks Background Checks Conducted Internally by the Employer Background Checks Conducted Externally by a Third Party Employment Testing of Applicants or Employees Drug Testing Polygraph Tests HIV or AIDS Tests Medical and Physical Examinations Other Types of Testing Employee Personnel Records Employee Medical Records Sensitive Personally Identifiable Information Employee Electronic Communications Monitoring of Emails and Internet Usage Requiring Disclosure of Electronic Account Access Information Monitoring of Telephone Calls Video Surveillance of Employee Behavior on the Job Searching Employee Surroundings on the Job No Expectation of Privacy in Common Areas Employer Limits © 2017 Thomson Reuters. No claim to original U.S. Government Works. 1 Privacy in the Employment Relationship, Practical Law Practice Note 6-517-3422 (2017) Employees' Lawful, Off-Duty Activities Tracking Employee Movements by GPS Privacy Concerns Consent and Notice Other Considerations Monitoring and Employee Rights Under the National Labor Relations Act Information about Employees Relevant to Health and Safety This Note provides a general overview of the key legal principles involved in employee privacy in the private employment context.
    [Show full text]
  • INTRUSIVE MONITORING: EMPLOYEE PRIVACY EXPECTATIONS ARE REASONABLE in EUROPE, DESTROYED in the UNITED STATES Lothar Determannt & Robert Spragueu
    INTRUSIVE MONITORING: EMPLOYEE PRIVACY EXPECTATIONS ARE REASONABLE IN EUROPE, DESTROYED IN THE UNITED STATES Lothar Determannt & Robert SpragueU TABLE OF CONTENTS I. INTRODUCTION ................. ...................... 980 II. EMPLOYER MONITORING AND EMPLOYEE PRIVACY-U.S. PERSPECTIVE ............................ 981 A. WORK-RELATED EMPLOYER MONITORING........................................981 B. WORK-RELATED EMPLOYEE PRIVACY ................ ....... 986 1. Work-Related Rights to Privag Under the Constitution.....................986 2. Work-Related Rights to Privag Under the Common Law..................990 3. Statutog Rjghts to Privag................................. 993 a) The Electronic Communications Privacy Act ............... 995 C. INTRUSIVE WORKPLACE MONITORING AND EMPLOYEE PRIVACY................................................ 1001 1. Employer Access to PersonalWeb-Based Applications..................... 1007 2. Webcams ...................................... 1009 3. GPS ..................................... 1012 D. WORKPLACE PRIVACY TRENDS IN THE UNITED STATES............... 1016 III. EMPLOYER MONITORING AND EMPLOYEE PRIVACY-EUROPEAN PERSPECTIVE .. ................... 1018 A. LAWS IN EUROPE-OVERVIEW ................ ............. 1019 B. CIVIL RIGHTS PROTECTIONS FOR PRIVACY AT THE EUROPEAN LEVEL............................. .......... 1019 ( 2011 Lothar Determann & Robert Sprague. t Dr. iur habil, Privatdozent, Freie Universitat Berlin; Adjunct Professor, University of California, Berkeley School of Law and Hastings College
    [Show full text]
  • Mr. Bruno Gencarelli Head of Unit for International Data Flows and Protection European Commission [email protected]
    Mr. Bruno Gencarelli Head of Unit for International Data Flows and Protection European Commission [email protected] 26 July 2019 Re: Access Now Responds to Privacy Shield Review Questionnaire - Third review Dear Mr. Gencarelli, Thank you for your invitation to provide information and observations on the European Commission’s third annual review of the EU-U.S. Privacy Shield arrangement, the mechanism to facilitate the transfer and processing of the personal data of individuals from the European Union to and within the United States. Access Now is an international organisation that defends and extends the digital rights of users at risk around the world.1 By combining innovative policy, user engagement, and direct technical support, we fight for open and secure communications for all. Access Now maintains a presence in 13 locations around the world, including in the policy centers of Washington, DC and Brussels.2 Access Now regularly analyzes data transfer arrangements under EU law, including the Safe Harbor arrangement that was invalidated by the Court of Justice of the European Union in 2015, and the Privacy Shield which replaced it.3 Users benefit from a free, open, and secure internet that is enabled by legal certainty for stakeholders to operate. Robust data transfer frameworks which ensure a high level of data protection in the free flow of data are key to deliver these benefits for all actors. The Privacy Shield continues to be inadequate to protect fundamental rights. Since negotiations began in 2016, Access Now has provided detailed analysis and recommendations to the EU Commission on how to improve the Privacy Shield.
    [Show full text]
  • Reasonable Expectations of Privacy and Novel Search Technologies: an Economic Approach Steven Penney
    Journal of Criminal Law and Criminology Volume 97 Article 3 Issue 2 Winter Winter 2007 Reasonable Expectations of Privacy and Novel Search Technologies: An Economic Approach Steven Penney Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Steven Penney, Reasonable Expectations of Privacy and Novel Search Technologies: An Economic Approach, 97 J. Crim. L. & Criminology 477 (2006-2007) This Symposium is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/07/9702-0477 THEJOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 97, No. 2 Copyright © 2007 by NorthwesternUniversity, Schoolof Law Printed in U.S.A. REASONABLE EXPECTATIONS OF PRIVACY AND NOVEL SEARCH TECHNOLOGIES: AN ECONOMIC APPROACH STEVEN PENNEY* The "reasonable expectation of privacy" test, which defines the scope of constitutionalprotection from governmental privacy intrusions in both the United States and Canada, is notoriously indeterminate. This indeterminacy stems in large measure from the tendency ofjudges to think ofprivacy in non-instrumentalistterms. This "moral" approach to privacy is normatively questionable, and it does a poor job of identifying the circumstances in which privacy should prevail over countervailing interests, such as the deterrence of crime. In this Article, I develop an alternative,economically-informed approach to the reasonable expectation of privacy test. In contrast to the moral approach, which treatsprivacy as a fundamental right, the economic approach views it as an (normatively neutral) aspect of self-interest: the desire to conceal and control potentially damagingpersonal information.
    [Show full text]
  • The Value of Privacy Federalism by Paul M
    09/24/14 (consolidated 3) The Value of Privacy Federalism By Paul M. Schwartz I. Introduction The United States features a dual system of federal and state sectoral law. In the absence of an omnibus privacy statute, the key question is how these laws interact with each other. When Congress enacts privacy law, it generally allows the states space for further action. The federal lawmaker typically does so through laws that set only a floor, that is, a minimum of safeguards, but that allow the states to exceed their privacy protections. This model has involved a wide range of institutional actors in the regulation of privacy. State legislatures and courts interpret state laws. Congress acts to preempt state law in enacting sectoral legislation, as needed, and federal judges interpret state legislation, including subsequent amendments to existing state law or new laws, to decide if they conflict with federal law. This existing U.S model is under pressure, however, because the federal government is largely inactive. The risk is that a new generation of state privacy legislation, such as breach notification laws, will not be consolidated and improved through the federal legislative process. Gridlock in Washington, D.C. has suspended the normal process of privacy federalism. In the European Union, the situation is different. At present, the Data Protection Directive requires Member States to enact legislation that is “harmonized” around its rules for information privacy. In the resulting legal system, the focus remains on the Member States, which are left with a “margin for maneuver” that permits national differences in the resulting statutes.
    [Show full text]
  • Right of Privacy and Rights of the Personality
    AGTA Instituti Upsaliensis Iurisprudentiae Gomparativae VIII RIGHT OF PRIVACY AND RIGHTS OF THE PERSONALITY A COMPARATIVE SURVEY Working paper prepared for the Nordic Conferen.ee on privacy organized by the International Commission of Jurists, Stockholm M ay 1967 BY STIG STRÜMHOLM STOCKHOLM P. A. NORSTEDT & SÜNERS FÜRLAG ACTA Institut! Upsaliensis Iurisprudentiae Oomparativae AGTA Instituti Upsaliensis Iurisprudentiae Comjmrativae Edidit ÂKE MALMSTROM VIII RIGHT OF PRIVACY AND RIGHTS OF THE PERSONALITY A COMPARATIVE SURVEY (Working Paper prepared for the Nordic Conférence on Privacy organized by the International Commission of Jurists, Stockholm May 1967) By STIG STRÜMHOLM S T O C K H O L M P. A. N O RSTEDT & S ONE R S FÜRLAG © P. A. Norstedt & Sôners fôrlag 1967 Boktryckeri AB Thule, Stockholm 1967 PREFACE One of the author’s most eminent teachers in private law in the Uppsala Faculty of Law once claimed that an action in tort ought to lie against those légal writers who take up a subject to treat it broadly enough to deter others from writing about it but not deeply enough to give any final answers to the questions discussed. Were the law so severe, the present author would undoubtedly have to face a lawsuit for venturing to publish this short study on a topic which demands lengthy and careful considération on almost every point and which has already given rise to an extensive body of case law and of légal writing. This préfacé can be considered as the au­ thor’s plaidoyer in that action, fortunately imaginary. The present study was prepared at the request, and with the most active personal and material support, of the International Commis­ sion of Jurists as a working paper for the Nordic Conférence of Jurists, organized by the Commission in Stockholm in May, 1967.
    [Show full text]
  • The Privacy, Data Protection and Cybersecurity Law Review
    The Privacy, Data Protection and Cybersecurity Law Review Editor Alan Charles Raul Law Business Research The Privacy, Data Protection and Cybersecurity Law Review The Privacy, Data Protection and Cybersecurity Law Review Reproduced with permission from Law Business Research Ltd. This article was first published in The Privacy, Data Protection and Cybersecurity Law Review - Edition 1 (published in November 2014 – editor Alan Charles Raul). For further information please email [email protected] The Privacy, Data Protection and Cybersecurity Law Review Editor Alan Charles Raul Law Business Research Ltd THE LAW REVIEWS THE MERGERS AND ACQUISITIONS REVIEW THE RESTRUCTURING REVIEW THE PRIVATE COMPETITION ENFORCEMENT REVIEW THE DISPUTE RESOLUTION REVIEW THE EMPLOYMENT LAW REVIEW THE PUBLIC COMPETITION ENFORCEMENT REVIEW THE BANKING REGULATION REVIEW THE INTERNATIONAL ARBITRATION REVIEW THE MERGER CONTROL REVIEW THE TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS REVIEW THE INWARD INVESTMENT AND INTERNATIONAL TAXATION REVIEW THE CORPORATE GOVERNANCE REVIEW THE CORPORATE IMMIGRATION REVIEW THE INTERNATIONAL INVESTIGATIONS REVIEW THE PROJECTS AND CONSTRUCTION REVIEW THE INTERNATIONAL CAPITAL MARKETS REVIEW THE REAL ESTATE LAW REVIEW THE PRIVATE EQUITY REVIEW THE ENERGY REGULATION AND MARKETS REVIEW THE INTELLECTUAL PROPERTY REVIEW THE ASSET MANAGEMENT REVIEW THE PRIVATE WEALTH AND PRIVATE CLIENT REVIEW THE MINING LAW REVIEW THE EXECUTIVE REMUNERATION REVIEW THE ANTI-BRIBERY AND ANTI-CORRUPTION REVIEW THE CARTELS AND LENIENCY REVIEW THE TAX DISPUTES
    [Show full text]
  • 2015 International Compendium of Data Privacy Laws COUNTRY by REGION Australia Australia
    2015 International Compendium of Data Privacy Laws COUNTRY BY REGION Australia Australia................................................................................................................................. 6 Central Asia China (People’s Republic) .................................................................................................. 37 Hong Kong........................................................................................................................... 78 India..................................................................................................................................... 88 Japan................................................................................................................................. 106 South Korea....................................................................................................................... 149 Taiwan............................................................................................................................... 157 Central America Bahamas ............................................................................................................................. 16 Costa Rica........................................................................................................................... 43 Trinidad and Tobago.......................................................................................................... 160 Europe Austria ................................................................................................................................
    [Show full text]
  • Protecting the Privacy of Canadians: Review of the Privacy Act
    PROTECTING THE PRIVACY OF CANADIANS: REVIEW OF THE PRIVACY ACT Report of the Standing Committee on Access to Information, Privacy and Ethics Blaine Calkins Chair DECEMBER 2016 42nd PARLIAMENT, 1st SESSION Published under the authority of the Speaker of the House of Commons SPEAKER’S PERMISSION Reproduction of the proceedings of the House of Commons and its Committees, in whole or in part and in any medium, is hereby permitted provided that the reproduction is accurate and is not presented as official. This permission does not extend to reproduction, distribution or use for commercial purpose of financial gain. Reproduction or use outside this permission or without authorization may be treated as copyright infringement in accordance with the Copyright Act. Authorization may be obtained on written application to the Office of the Speaker of the House of Commons. Reproduction in accordance with this permission does not constitute publication under the authority of the House of Commons. The absolute privilege that applies to the proceedings of the House of Commons does not extend to these permitted reproductions. Where a reproduction includes briefs to a Standing Committee of the House of Commons, authorization for reproduction may be required from the authors in accordance with the Copyright Act. Nothing in this permission abrogates or derogates from the privileges, powers, immunities and rights of the House of Commons and its Committees. For greater certainty, this permission does not affect the prohibition against impeaching or questioning the proceedings of the House of Commons in courts or otherwise. The House of Commons retains the right and privilege to find users in contempt of Parliament if a reproduction or use is not in accordance with this permission.
    [Show full text]
  • Finding Laws to Charge Perpetrator Who Misuse Technology
    Finding Laws To Charge Perpetrators Who Misuse Technology When a perpetrator, abuser or stalker misuses technology to target and harm a victim, there are various criminal and civil charges that might be applied to ensure accountability and promote victim safety. There are a number of U.S. federal and state/territory/tribal laws that might apply. To support the safety and privacy of victims, it is important to take technology‐facilitated abuse and stalking seriously. This includes assessing all ways that technology is being misused to perpetrate harm, and, considering all charges that could or should be applied. Identify laws that address violence and abuse. Identify where they explicitly or implicitly include the use of technology and electronic communications: Stalking and cyberstalking (felony menacing by, via electronic surveillance, etc.) Harassment, threats, assault Domestic violence, dating violence, sexual violence, sexual exploitation Sexting and child pornography: electronic transmission of harmful information to minors, providing obscene material to a minor, inappropriate images of minors, lascivious intent Bullying and cyberbullying Child abuse Identify possible charges related to technology, communications, privacy and confidentiality: Unauthorized access, unauthorized recording/taping, Illegal interception of electronic communications, illegal monitoring of communications, surveillance, eavesdropping, wiretapping, unlawful party to call Computer and Internet crimes: fraud, network intrusion Identity theft, impersonation,
    [Show full text]
  • Publicity Rights in the Common Law Provinces of Canada
    Loyola of Los Angeles Entertainment Law Review Volume 18 Number 3 Symposium: International Rights of Article 4 Publicity 3-1-1998 Publicity Rights in the Common Law Provinces of Canada Robert G. Howell Follow this and additional works at: https://digitalcommons.lmu.edu/elr Part of the Law Commons Recommended Citation Robert G. Howell, Publicity Rights in the Common Law Provinces of Canada, 18 Loy. L.A. Ent. L. Rev. 487 (1998). Available at: https://digitalcommons.lmu.edu/elr/vol18/iss3/4 This Symposium is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Entertainment Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. PUBLICITY RIGHTS IN THE COMMON LAW PROVINCES OF CANADA Robert G. Howell* I. INTRODUCTION When considering a specific topic of legal development in Canada, regard must be given to Canada's unique constitutional, legal, and political structure. Canada is comprised often provinces, nine of which are common law provinces,' as well as two common law territories. Quebec is a civil law province, a legacy of French colonization of North America.' It is distinct from the common law provinces because civil law is the source of private law in Quebec. This Article is limited to describing publicity rights in the common law provinces of Canada, although common law policy comparisons are made with developments in Quebec civil law.
    [Show full text]