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ARTICLE · 19 OCTOBER 2018

Privacy & What Is Reasonable? OPC Inappropriate Data Practices Guidelines Are Now Being Applied.

In the digital age, personal information and data is a new quasi-currency.

CanadaMedia, Telecoms, IT, Entertainment

In the digital age, personal information and data is a new quasi-currency. Privacy is often the trade-off to use a digital service that is 'free' in the traditional sense. As early as 2009, the OPC recognized this trade-off, and found, for example:

Facebook has a different business model from organizations we have looked at to date. The site is free to users but not to Facebook, which needs the revenues from advertising in order to provide the service. From that perspective, advertising is essential to the provision of the service, and persons who wish to use the service must be willing to receive a certain amount of advertising.

This view was echoed again in 2017 by the Supreme Court of Canada in Douez v. Facebook, Inc. where the court noted that "Facebook is free to join and use, but all potential users... must agree to its terms of use as part of the registration process." The business models may have evolved over the past decade, but as the Court in Douez point

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