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03/02/2020 2017 FC 114 (CanLII) | CanLII (self-represented) NO ONE APPEARING FOR THE RESPONDENTS SOLICITORS OF RECORD: Regan Morris Sarah Speevak Legal Counsel Office of the Privacy Commissioner of Canada Gatineau, Quebec https://www.canlii.org/en/ca/fct/doc/2017/2017fc114/2017fc114.html ADDED RESPONDENT (THE PRIVACY COMMISSIONER OF CANADA) 21/21

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A.T. v. Globe24H.com

Case Law

Country

Canada

Country Location

Latitude: 62.07067909300361

Longitude: -107.72231232402085

Country Location (linked Case Law): Canada

Decision Date: 30 de jan. de 2017

Case Status: Closed

Case Outcome (Procedural)

Motion granted

Case Outcome (Disposition)

Declaratory Relief
Injunction or Order Granted
Monetary Damages/Fines

Keywords

Data Protection and Retention
Open Court Principle
Search Engines

Judicial Body: Appellate Court

Case Number: 2017 FC 114

Case Summary: The Federal Court of Canada found a Romanian individual, Sebastian Radulescu, to be in breach of Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) by operating a Romanian-based website that republished and indexed Canadian court and tribunal decisions. PIPEDA is a statute that is intended to safeguard the privacy of individuals through the protection of their personal data. In 2015, a Canadian-Romanian individual initiated an action against Mr. Radulescu for publishing a Labour Board decision concerning him. This decision had also been indexed by Mr. Radulescu so it could be easily found through a Google Search. It came to light that the website was operating a profit-making scheme through which it would ask individuals to pay a fee in exchange for removing their personal information from the decisions published on the site. The Federal Court held that the PIPEDA had extraterritorial application to the website. After finding that the website’s collection, use and disclosure of court decisions were not permissible under PIPEDA, the court issued a corrective order against the website, as well as declaratory relief and damages.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Source Name and URL: Columbia Global Freedom of Expression

Primary Documents

AT and globe24.pdf
English
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CYRILLA: Global Digital Rights Law

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A.T. v. Globe24H.com

Primary Documents

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