David TS Fraser
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privacylawyer.ca
David TS Fraser
@privacylawyer.ca
2K followers 750 following 510 posts
Canadian internet and privacy law counsel to global companies.
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privacylawyer.ca
A wild poppy growing on Vimy Ridge, photographed earlier this year.
November 10, 2025 at 1:02 AM
privacylawyer.ca
I'm partial to Wyze. They are very inexpensive with a reasonable subscription fee for cloud storage. They'll recognize a person, package, pet, etc. Their version 4 camera is 2K, and has a light that can activate based on motion. Here's an image of a prowler by my house from last month. www.wyze.com
November 1, 2025 at 8:46 PM
privacylawyer.ca
I am looking forward to this amazing technology / privacy / AI law conference, hosted at the Schulich School of Law in Halifax. Check out the list of great speakers. www.eventbrite.ca/e/canadian-t...
A dark-themed conference poster for the Canadian Technology Law Conference: Democracy and the Information Society, taking place November 14-15, 2025 at the Dalhousie University Schulich School of Law in Halifax, NS. The poster includes a large header with an image of Lady Justice, a registration link, and required registration via QR code. Three headshots feature the speakers: Sean Fraser, Adam Abramson, and Suresh Venkatasubramanian. Panel topics listed include Freedom of Expression, Platform Power and Misinformation, Privacy and Surveillance, and AI Accountability. Social media links are also provided.
October 31, 2025 at 5:54 PM
privacylawyer.ca
Children's privacy and online safety involving minors is the most rapidly evolving area in technology law. I'm thrilled to join this fantastic panel at the 2025 Canadian Technology Law Association Fall Conference. More details here: cantechlaw.ca/event-6257484
October 17, 2025 at 1:20 PM
privacylawyer.ca
If you are in Ottawa next Wednesday, this will be a great and informative discussion about developing AI policy in Canada. The line-up of speakers is fantastic. Register (free!) using this link:

mailchi.mp/bab4376425e9...
October 17, 2025 at 1:05 PM
privacylawyer.ca
Top story today for the Canadian Broadcasting Corporation ...

www.cbc.ca/news/health/...
October 17, 2025 at 12:55 PM
privacylawyer.ca
Here's the government's media release: www.newswire.ca/news-release...
"Bill C-2 will continue to advance the elements that would facilitate law enforcement access to basic and subscriber information to reach online criminals, introduce the Supporting Authorized Access to Information Act and work with Canada Posts to stop fentanyl and other drugs from travelling through the mail. C-2 also introduces new restrictions on third-party deposits, large cash transfers, and clarify public to private information sharing provisions in order to target organized crime and prevent money laundering. "
October 9, 2025 at 1:08 PM
privacylawyer.ca
What a beautiful proposed amendment to Bill 127, the "Protecting Nova Scotians Act". Unfortunately, the proposed amendment was defeated.
A printed legislative document titled Bill #127 – Protecting Nova Scotians Act. It’s a proposed amendment sheet labeled “CHANGES RECOMMENDED TO THE COMMITTEE OF THE WHOLE HOUSE ON BILLS.” The amendment suggests deleting the title “Protecting Nova Scotians” and substituting “Big Omnibus Bill that Really Should be Different Bills that are Voted on Separately.” Handwritten notes in blue ink indicate the amendment was “DEFEATED – Oct 1, 2025” and names S. LeBlanc, CWHB, Clause 1.
October 6, 2025 at 3:20 PM
privacylawyer.ca
"Alberta to require citizens to carry little picture of Danielle Smith in wallets"
www.thebeaverton.com/2025/09/albe...
Image of an Alberta Drivers License with a photo of Danielle Smith on it, where the citizenship marker is proposed to be placed.
September 22, 2025 at 1:55 AM
privacylawyer.ca
It appears that Adrian Tican would rather that I not talk about Adrian Tican. Or maybe someone else complained about this.
A screenshot of a Mastodon notification email from twit.social with the heading “⚠️ Posts removed.” The message reads: “Some of your posts have been found to violate one or more community guidelines and have been subsequently removed by the moderators of twit.social. Sorry to remove this but he’s threatening to sue me. Of course we’re protected by Section 230 in the US, nevertheless I would prefer not to hire an attorney to defend myself which I can ill afford.” Posts cited: A post by David Fraser (@privacylawyer): “The next (and maybe final?) chapter in the Alberta courts for this declared vexatious litigant: Adrian Tican v Alamgir, 2025 ABKB 517 canlii.ca/t/kfbc0” Posted on Sep 12, 2025, 21:34 UTC. At the bottom is a note: “If you believe this is an error, you can submit an appeal to the staff of twit.social.” A button labeled “Submit an appeal ➡️” appears below.
September 17, 2025 at 2:34 AM
privacylawyer.ca
I may have an opinion about this ... www.cbc.ca/news/canada/...
September 15, 2025 at 11:17 PM
privacylawyer.ca
The by-law is here: www.hamilton.ca/sites/defaul...

In addition to a Charter argument, I'd suggest the guy has an arguable defence under s. 6(1):
6. Subsections 4(1) and (2) do not operate to prohibit: (1) The use of commercially marketed security devices, provided their use is as designed, and they are applied to provide reasonable fortification and protection from theft or other criminal activity against the person or property of an individual, and which do not meet the definition or are not employed so as to meet the definition of excessive protective elements particularly clauses (a), (b) and (c) of that definition;
September 7, 2025 at 11:12 AM
privacylawyer.ca
In the bill currently in the Canadian senate, service providers will be prohibited from doing their own age verification. www.parl.ca/legisinfo/en...
Age-verification and age-estimation methods (2) Before prescribing any age-verification or age-estimation method under paragraph (1)‍(b), the Governor in Council must ensure that the method (a) is highly effective; (b) is operated by a third-party organization that deals at arm’s length from any organization making pornographic material available on the Internet for commercial purposes; (c) maintains user privacy and protects user personal information; (d) collects and uses personal information solely for age-verification or age-estimation purposes, except to the extent required by law; (e) limits the collection of personal information to what is strictly necessary for the age verification or age estimation; (f) destroys any personal information collected for age-verification or age-estimation purposes once the verification or estimation is completed; and (g) generally complies with best practices in the fields of age verification and age estimation, as well as privacy protection.
July 31, 2025 at 6:27 PM
privacylawyer.ca
The cover of Time Magazine 30 years ago this month...
This is the July 3, 1995, cover of Time Magazine, set against a vibrant red background. The dominant image is a close-up of a young child's face, likely a boy, illuminated from below, giving him a somewhat eerie, almost ghoulish appearance with wide, staring eyes and an open mouth. His face is pale and seems to glow, contrasting with the darker hair on the top of his head. Below the child's face, the word "CYBERPORN" is emblazoned in large, stark white, sans-serif capital letters. Further down, in smaller white text, an "EXCLUSIVE" subtitle reads: "A new study shows how pervasive and wild it really is. Can we protect our kids—and free speech?" At the very bottom of the cover, a portion of a computer keyboard, specifically the white keys, is visible, suggesting the digital context of the cover's theme. A barcode is also present on the left side, near the bottom of the keyboard.
July 27, 2025 at 7:41 PM
privacylawyer.ca
One of my favourite quotes from an old (2006) case .... R. v. LeBlanc, 2006 NBPC 37 canlii.ca/t/1q3cd
Mr. LeBlanc is a “blogger”. I’m sure that many, if not the majority of Saint Johners, are not familiar with this word. This is not surprising, since the word, to my knowledge has not yet found its way into a dictionary. I went to the computer in an attempt to find a definition. The Google website defines “blogger” as a person who writes weblogs, and a blog as a shortened version of weblog.
July 22, 2025 at 9:17 PM
privacylawyer.ca
I started my little Canadian privacy law YouTube channel in January 2022. I'm surprised that there are 9,992 nerds out there who hit subscribe, but if you might find it useful, there's a button for that. www.youtube.com/@privacylawyer
"Current subscribers 9,992"
July 20, 2025 at 8:23 PM
privacylawyer.ca
Didn't expect to see this just after I parked myself on my beach chair on Maughers Beach on McNabs Island. (I'm not sure whether the guy in black from the Department of Natural Resources went to the Tea House, the outhouse ... or both.)
July 14, 2025 at 12:31 AM
privacylawyer.ca
Screencap including the following text: * as originally published, this article incorrectly stated that paying the ransom would have protected customers from being scammed. It would not have.
July 11, 2025 at 6:38 PM
privacylawyer.ca
Ten years ago, the RCMP Commissioner @CommrPaulson (who has since deleted his account on the other place) said he wanted to discuss #lawfulaccess. When I asked him to name a time and a place, he went silent. I'm interested to know if the current RCMP Commissioner will discuss #BillC2.
June 20, 2025 at 1:33 AM
privacylawyer.ca
I can't help but note that the definition of subscriber information in #BillC2 is so broad that it could include biometrics or passwords if the biometrics or passwords were "information that the subscriber or client provided to the person in order to receive the services."
(2) Section 487.‍011 of the Act is amended by adding the following in alphabetical order: Start of inserted block subscriber information means, in relation to any client of a person who provides services to the public or any subscriber to the services of such a person, (a) information that the subscriber or client provided to the person in order to receive the services, including their name, pseudonym, address, telephone number and email address; (b) identifiers assigned to the subscriber or client by the person, including account numbers; and (c) information relating to the services provided to the subscriber or client, including (i) the types of services provided, (ii) the period during which the services were provided, and (iii) information that identifies the devices, equipment or things used by the subscriber or client in relation to the services.‍ (renseignements relatifs à l’abonné)
June 19, 2025 at 9:50 PM
privacylawyer.ca
Can't help but notice that there are Charter statements for Bills C-3 to C-5, but nothing yet about the deeply problematic #BillC2. www.justice.gc.ca/eng/csj-sjc/...
Charter Statements by Session 45th Parliament, 1st Session (2025-05-26 – Present) Bill C-5: An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act June 10, 2025 Bill C-4: An Act respecting certain affordability measures for Canadians and another measure June 10, 2025 Bill C-3: An Act to amend the Citizenship Act (2025) June 10, 2025 Bill S-2: An Act to amend the Indian Act (new registration entitlements) June 17, 2025
June 18, 2025 at 4:36 PM
privacylawyer.ca
The more I think about it, the more troubling #BillC2 is. The warrantless demand for "subscriber information" can include a demand to a women's shelter, abortion clinic or psychiatrist. All provide services to the public and info about services rendered really goes to the biographical core.
Information demand Start of inserted block 487.‍0121 (1) A peace officer or public officer may make a demand in Form 5.‍0011 to a person who provides services to the public requiring the person to provide, in the form, manner and time specified in the demand, the following information: (a) whether the person provides or has provided services to any subscriber or client, or to any account or identifier, specified in the form; (b) if the person provides or has provided services to that subscriber, client, account or identifier, (i) whether the person possesses or controls any information, including transmission data, in relation to that subscriber, client, account or identifier, (ii) in the case of services provided in Canada, the province and municipality in which they are or were provided, and (iii) in the case of services provided outside Canada, the country and municipality in which they are or were provided; (c) if the person provides services to that subscriber, client, account or identifier, the date on which the person began providing the services; (d) if the person provided services to that subscriber, client, account or identifier but no longer does so, the period during which the person provided the services; (e) the name or identifier, if known, of any other person who provides services to the public and who provides or has provided services to that subscriber, client, account or identifier and any other information, if known, referred to in any of paragraphs (b) to (d) in relation to that other person and that subscriber, client, account or identifier; and (f) if the person is unable to provide any information referred to in paragraphs (a) to (e), a statement to that effect.
June 16, 2025 at 11:24 PM
privacylawyer.ca
The Supreme Court of Canada has agreed to hear Facebook's appeal in FB v #Privacy Commissioner of Canada. This has important implications for the standard of consent and safeguarding obligations. I did an overview of the Federal Court of Appeal decision on my YouTube channel: youtu.be/U-bNokjFhR0
JUDGMENTS ON LEAVE APPLICATIONS June 12, 2025 OTTAWA – The Supreme Court of Canada has decided the following leave applications. GRANTED Facebook, Inc. v. Privacy Commissioner of Canada (Fed.) (Civil) (By Leave) (41538) The motion to strike the Affidavit of Alice Yu and to strike para. 67 of the applicant’s memorandum of argument in support of the application for leave to appeal is dismissed. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-129-23, 2024 FCA 140, dated September 9, 2024, is granted with costs in the cause.
June 12, 2025 at 4:42 PM
privacylawyer.ca
This bundling of unrelated provisions is gross. "Another measure" is amending the Canada Elections Act to prevent provinces from granting additional protections for voters' information, and cementing the inadequate federal protections for voters' information. www.parl.ca/DocumentView...
First Session, Forty-fifth Parliament, 3 Charles III, 2025 HOUSE OF COMMONS OF CANADA BILL C-4 An Act respecting certain affordability measures for Canadians and another measure
June 6, 2025 at 6:21 PM
privacylawyer.ca
Buckle up! #LawfulAccess is back. And a new Canadian CALEA? Check out what's proposed in the new Canadian government's so-called "Strong Borders Act". www.canada.ca/en/public-sa...
Amend the Criminal Code, the Customs Act, the Mutual Legal Assistance in Criminal Matters Act, and the Canadian Security Intelligence Service (CSIS) Act to: Facilitate law enforcement’s ability to lawfully access basic information and data that is necessary in the early stages of criminal investigations and ensure that CSIS’ investigative tools keep pace; Update existing law enforcement tools to keep pace with modern digital challenges, including to explicitly deal with the search of computer systems and data stored on or accessible from those systems; Clarify the ability of law enforcement to exercise specific powers and seize specific information without a warrant in urgent, time-sensitive circumstances (e.g., live abuse of a child); Obligate transporters and warehouse operators to provide access to their premises to allow for export inspections by CBSA officers and require owners and operators of certain ports of entry/exit to provide facilities for export inspections, as is already required for imported goods. Introduce the Supporting Authorized Access to Information Act (SAAIA): Ensure that electronic services providers (ESPs) have the capabilities in place to support law enforcement agencies and CSIS in criminal and intelligence investigations by requiring them to fulfil lawfully authorized requests to access or intercept information and communications.
June 3, 2025 at 6:11 PM