Brief: Social Networking and Canadian Privacy Law

Image by Jessica

Last year I was invited to submit a brief to the Canadian Parliament’s Access to Information, Privacy and Ethics Committee. For my submission (.pdf), I tried to capture some of of the preliminary research findings that have been derived from social media and surveillance project I’m co-investigating with Colin Bennett. Specifically, the brief focuses on questions of jurisdiction, data retention, and data disclosure in the context of social media use in Canada. The ultimate aim of the submission was to give the committee members insight into the problems that Canadians experience when accessing the records held by social networking companies.

The project, and our research for it, has been funded through the Office of the Privacy Commissioner’s Contributions Program. Anything contained in the brief is not necessarily representative of the Office’s own positions or stances.

Abstract/Introduction:

In this submission, I highlight some of our analyses of 20 social networking sites’ privacy  policies and findings about Canadians’ ability to access their own personal information that social networking sites store. These findings let us understand how the companies running these services understand their legal jurisdictional obligations and the retention of personally identifiable information. Moreover, these discoveries let us ascertain the actual access that Canadians have to profiles that they and the identities that networking services Canadians associate with are developing. Together, these points reveal how social networking companies understand Canadians’ personal information, the conditions of data sharing, and the level of ease with which Canadians can access the information that they themselves contribute to these services. I conclude this submission by suggesting a few ways that could encourage these companies to more significantly comply with Canadian privacy laws.

Download (.pdf) “Social Networking and Canadian Privacy Law: Jurisdiction, Retention, and Disclosure