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ARTICLE · 13 SEPTEMBER 2023

Privacy Commissioner Issues Statement On Obligations To Protect Against Data Scraping

On August 24, 2023, the Office of the Privacy Commissioner of Canada ("OPC") issued a joint statement suggesting that social media companies ("SMC") and other websites have an obligation to actively...

CanadaPrivacy

On August 24, 2023, the Office of the Privacy Commissioner of Canada ("OPC") issued a joint statement suggesting that social media companies ("SMC") and other websites have an obligation to actively protect the personal information posted by users against unlawful data scraping("Joint Statement").This Joint Statement was issued along with the regulators of other members from the Global Privacy Assembly's International Enforcement Cooperation Working Group ("IEWG").1

Takeaways

  • Personal information that is publicly accessible may still be subject to data protection laws and require protection.
  • While the expectations are phrased as recommendations, the OPC stated that "many of them are explicit statutory requirements in particular jurisdictions or may be interpreted as such by courts and data protection authorities", suggesting that the OPC will be interpreting PIPEDA in this manner going forward.

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