Canada’s Anti-Spam Legislation

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caslOn December 2010, Canada’s new anti-spam law was passed and, following a Governor in Council order, it got enforced on July 01, 2014. When the law was enforced, it was able to help protect Canadians while ensuring that the businesses can continue to compete in the global market. By January 15, 2015, the sections that were related to the unsolicited installation of computer programs came into force.

When it was enforced, it generally prohibits these:

  • Sending of commercial, electronic messages without the account holder’s permission.
  • Altering of transmitting data in an electronic message which is why the message gets delivered to a different destination without express content.
  • Installation of programs without the permission of the owner of the computer.
  • Using of false representations in advertising products and services.
  • Collection of personal information without the consent of the owner.
  • Collection of electronic addresses, without the owner’s permission.

There were three government agencies that were involved in the enforcement of the law. When the new law got enforced, it began to allow:

  • The Canadian Radio-television and Telecommunications Commission to issue administrative penalties to amend for violations of the new anti-spam law.
  • The Competition Bureau is seeking administrative penalties or sanctions under the Competition Act.
  • The Office of the Commissioner of Privacy to impose new powers under an amended Personal Information Protection and Electronic Documents Act.

It also allows these agencies to share information with a foreign state government if the information is relevant to an investigation or proceeding in respect to an intervention of the laws of a foreign state with a substantially similar conduct prohibited by the Canadian Law.

It also allowed individuals and organizations who were affected by the act or omission that is an intervention of the law to bring a private right of action in court against those individuals and or organizations whom they partner with who has violated the said law. Once enforced, the private right of action allowed applicants to seek actual and statutory damages. These damages may not be pursued if the organization or person to whom the intervention is targeted has entered into an undertaking or has been served with a Notice Violation.

Before filing a lawsuit, you should get legal advice. An individual or organization will be responsible for paying considerable fees incurred by the alleged violator if they file an improper claim or a claim that does not have merit.

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