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ARTICLE · 23 MAY 2012

Court Urges Business Transaction Exemption For PIPEDA

One business wants to buy the assets of another business.

CanadaPrivacy

One business wants to buy the assets of another business. Assume that the consent obtained to the collection, use and disclosure of personal information from the customers of the seller did not include consent to disclose personal information on the sale of the assets of the credit union. What to do?

In a recent case, the Ontario Superior Court of Justice granted an order that the seller could disclose all personal information in its possession in order to complete and implement the purchase and sale transaction. The court further ordered that the purchaser was entitled to continue to use the personal information provided to it in a manner identical to the prior use by the seller.

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