Businesses should learn from 2010 Olympics surveillance camera debate

February 16, 2010

The 2010 Olympics are finally here! So too are the reportedly pervasive crowd surveillance cameras that are monitoring spectators’ every move.

Privacy advocates are already voicing concern.  But unlike previous public debates regarding privacy and surveillance cameras, I expect that the concerns that’ll be raised during and after the 2010 Olympics will be more comprehensive than the traditional “privacy vs security” debate. For instance,  Jennifer Stoddart, Canada’s Privacy Commissioner, recently commented on this blog that “one of the big issues will revolve around the pervasive crowd surveillance measures, and what will happen with all of the cameras and recordings after the flame is extinguished.”

Of course, there are legal tests that governments (and businesses) should use to determine the appropriateness of installing surveillance cameras in the first place. But once any organization has decided to install surveillance cameras there’s a corresponding requirement to appropriately manage the data that’s collected. For instance, organizations must ensure that they have security, retention and destruction policies in place. This is the “devil in the detail” that’s often overlooked.

I expect public scrutiny of the surveillance cameras being used during the 2010 Olympics. And such scrutiny will increase public expectations on businesses to properly manage data that they too collect by surveillance cameras.


E-mail disclaimers: why bother?

September 21, 2009

MailPeruse through your Inbox and look at the e-mails you have received this week. No doubt there will be a few that include legal notices at the bottom of messages warning you of the confidential nature of the correspondence and stressing that if you are not the intended addressee that you are to return the e-mail to the sender… immediately!   These automatically generated e-mail disclaimers have become standard business practice.  They have become so commonplace it begs the question: are e-mail disclaimers legally enforceable?

This very question has yet to be the focus of judicial consideration in Canada, and it appears as though it remains an unresolved issue in most other jurisdictions.  Although bloggers and writers have analyzed e-mail disclaimers, there is no authoritative jurisprudence or legislation to shore up their arguments.  There are a number of issues surrounding the enforceability discussion, including, among other things:

  • the lack of consideration between parties to create binding contracts via typical e-mails;
  • the timing of e-mail disclaimers (they come at the end of e-mails, after recipients have read the messages); and
  • the otherwise lack of confidentiality associated with e-mails, which has come to light through the ever-increasing number of e-fraud cases.

That said, it is always safer to err on the side of caution.  In the event your organization were unlucky enough to be sued for the contents of an e-mail, it may prove useful to have used an e-mail disclaimer.  At the end of the day, even though the enforceability of e-mail disclaimers may not have yet been judicially considered, having an appropriately drafted e-mail disclaimer may help mitigate your businesses’ liability in the event of an unfortunate e-mail mishap.

E-mail disclaimers should be drafted with legal and business considerations in mind in such a manner that reflects the values, marketing strategy and risk tolerance of your organization. Please contact me if I can provide any assistance in drafting an e-mail disclaimer that suits your organization’s needs.


Follow

Get every new post delivered to your Inbox.

Join 73 other followers