In reply to Boonex Better Comply With Canada's Privacy Acts!
Technoman
Technoman•14th of September 2009
 
Where ever you are "regardless" there are rules and regulations for every domain, so YES Boonex will have to comply with "Canadian Privacy Policy" or deal with the consequences!

Facebook had 30 days to make Privacy Policy changes, Facebook remember is in the USA not Canada and they had 30 days to comply so it makes no difference where your domain resides!
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mauricecano
mauricecano•14th of September 2009•to Technoman
 
Technoman the company providing the service must comply with the local laws where they are located, and to some extent where they advertise. What you fail to realize is that Boonex is NOT providing any sort of service to Canadians. Boonex is only the code developer, YOU are the company providing service to other Canadians.

You use, or purchase, Boonex to deploy on your own server. As operator you are responsible to comply with all local law as YOU, not Boonex, are the operator.

Your see more Facebook example is misplaced. Facebook.ca is the company responsible for ensuring that facebook.ca is in compliance with Canadian laws. Subsidiary ownership aside, it was not Facebook US Corporation that had to comply, it was the Canadian counterpart, based in Canada, operated in Canada, incorporated under Canadian law. See a pattern here?

Finally, Canada cannot enforce their rules over any domain; their regulatory authority extends to .CA domains (i.e. Canadian Top Register). .COM, .US, .CO.UK., .AU domains are beyond all Canadian regulatory authority as long as the company is based outside Canada. Further, Canada cannot exert any regulatory authority over companies not located within its territorial boundaries. Therefore, based on all the above you are incorrect. Only the owner (i.e. licensee) and operator is responsible for the content on the operator's server. The operator is the person required to ensure they are in compliance with local laws.

To take your logic to its illogical extreme, my company based in the US would have to research and ensure compliance with all literary laws in the 170+ countries before posting something on my website. What do I do when the laws of China conflict with the laws of Germany, not publish my website. Balderdash, I only have to comply with US laws.
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tyke
tyke•14th of September 2009•to Technoman
 
Thanks Maurice for putting what i wanted to say myself. firstly it is up to us as admins of our own sites to comply with any data protection in your own country and thats it.
Facebook is just so different to most site, in fact facebook isnt a website,its a small country,so will draw more attention from lawful acts like this, but as you rightly say, for the sites governed by Canadian law (in this case).

Better luck next time TM....

regards

Tyke
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therock
therock•15th of September 2009•to Technoman
 
Actually Boonex does not have to comply.

The issue with Facebook was that they were not actually deleting the accounts of people who wanted their accounts closed and Facebook was still using the info of people who actually requested to close their accounts with 3rd parties as this was the violation that Facebook was facing. Once an account has been requested to be closed and the info is still being used from that account then their is a real privacy issue.

So make sure when a customer requests see more their account to be closed that it actually is and you discard their info completely.
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