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Draft OPC Position on Online Reputation and Public Consultation

On Friday, January 26, 2018, the Office of the Privacy Commissioner of Canada (OPC) released a draft of their position regarding online reputation and on how Canadians can better protect their online privacy and rights. The draft report is the result of a 2016 consultation on online reputations. Through this consultation, the OPC was soliciting input from interested stakeholders about new and innovative ways to protect reputational privacy....
Posted in: Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Legislation, Technology, Technology: Internet

Reputational Harm of Legal Blogging

No, not the author’s reputation. The subject’s. In early December, the Americans celebrated legal blogging with the ABA Journal Web 100, and on December 31st, Canada did likewise with the 2017 Clawbies. In between, the Office of the Privacy Commissioner of Canada (OPCC) posted a summary of submissions received in its ongoing study into the privacy issues surrounding Online Reputation. Legal blogging wasn’t explicitly mentioned, but it’s hard to...
Posted in: Justice Issues

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. A.T. v. Globe24h.com, 2017 FC 114 [70] In my view, the respondent’s claimed purpose “to make law accessible for free on the Internet” on Globe24h.com cannot be considered “journalistic”. In this instance, there is no need to republish...
Posted in: Wednesday: What's Hot on CanLII

The Federal Court Confirms Office of the Privacy Commissioner’s Findings About Globe24h

Last Monday, on January 30th, the Federal Court issued a judgment in an application against the Globe24h.com website and its owner, Mr. Sebastian Radulescu. Mr. Radulescu’s activities have been discussed over the past couple of years in mainstream media as well as here on Slaw. In June 2015, the Office of the Privacy Commissioner issued findings (Complaints against Globe24h.com, 2015 CanLII 33260 (PCC)) which we then commented. In his...
Posted in: Legal Publishing

What Does It Really Mean to “Free the Law”? Part 2

“It always seems impossible until it’s done.”   Attributed to Nelson Mandela, that quote fits the experience of groups around the world that sought over much of the past 20 years to make the law freely accessible on the internet. Beginning today (November 9th), dozens of members of the Free Access to Law Movement (FALM), along with other supporters, are meeting in Sydney, Australia where AustLII is hosting the 2015 Law via the Internet...
Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Practice of Law, Practice of Law: Future of Practice, Technology

Complaints Against Globe24h Deemed Well-Founded by the Office of the Privacy Commissioner

Last June 5th, the Office of the Privacy Commissioner of Canada (OPC) issued its findings (Complaints against Globe24h.com, 2015 CanLII 33260 (PCC), the “Findings”) in relation with the activities of a Romanian entrepreneur who illegally downloaded a large number of Canadian decisions in order to commercially exploit the desire of the individuals named in these decisions to maintain some degree of privacy. The story of Sebastian Radulescu, the...
Posted in: Legal Information: Publishing

Should Search Engines Index Court Decisions?

In the days of electronic access, judicial decisions (and sometimes other court records that have always been public in principle) no longer benefit from practical obscurity. Court have had to wrestle with the consequences of this, including tailoring the way decisions are written to reduce the amount of personal information they contain. The Canadian Judicial Council has published material on this, as have the federal and state courts in the...
Posted in: Legal Information, Technology: Internet, ulc_ecomm_list

Trusting the System

By now, you have probably read that the Alberta Courts public facing judgments database is no longer an active search page, and instead redirects seekers to CanLII. Bill Clinton is attributed with saying “The price of doing the same old thing is far higher than the price of change.” Jack Welch advised, “Change before you have to.” Some other very clever person came up with, “People do not resist change. They resist...
Posted in: Legal Information

Google, González and Globe24h

Romania joined the European Union in 2007. Accordingly, its citizens can presumably benefit from the recent ruling of the Court of Justice of the EU compelling search engines to comply in certain circumstances with requests from individuals to “de-link” search results where their privacy interests are implicated. But what rights, if any, are possessed by a Canadian who carries out a vanity Google search of their name and discovers that a...
Posted in: Justice Issues

Should Access to Ontario Court Schedules Be Restricted?

Last week, I blogged about the fact that Ontario’s court schedules are finally online for viewing by the public. It is a small step; hopefully many more are to come. Blogger and lawyer Addison Cameron-Huff brought to my attention the fact that the schedule website is protected by a CAPTCHA. The purpose of CAPTCHAs is to prevent automated access by search engines like Google and other similar webcrawlers. I am not sure yet what to think about...
Posted in: Justice Issues