An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (S.C. 2010, c. 23)
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Assented to 2010-12-15
Marginal note:1999, c. 2, s. 22
81. Section 74.16 of the Act is replaced by the following:
Marginal note:Where proceedings commenced under section 52 or 52.01
74.16 No application may be made under this Part against a person on the basis of facts that are the same or substantially the same as the facts on the basis of which proceedings have been commenced against that person under section 52 or 52.01.
Marginal note:2000, c. 5
AMENDMENTS TO THE PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT
82. The Personal Information Protection and Electronic Documents Act is amended by adding the following after section 7:
Marginal note:Definitions
7.1 (1) The following definitions apply in this section.
“access”
« utiliser »
“access” means to program, to execute programs on, to communicate with, to store data in, to retrieve data from, or to otherwise make use of any resources, including data or programs on a computer system or a computer network.
“computer program”
« programme d’ordinateur »
“computer program” has the same meaning as in subsection 342.1(2) of the Criminal Code.
“computer system”
« ordinateur »
“computer system” has the same meaning as in subsection 342.1(2) of the Criminal Code.
“electronic address”
« adresse électronique »
“electronic address” means an address used in connection with
(a) an electronic mail account;
(b) an instant messaging account; or
(c) any similar account.
Marginal note:Collection of electronic addresses, etc.
(2) Paragraphs 7(1)(a), (c) and (d) and (2)(a) to (c.1) and the exception set out in clause 4.3 of Schedule 1 do not apply in respect of
(a) the collection of an individual’s electronic address, if the address is collected by the use of a computer program that is designed or marketed primarily for use in generating or searching for, and collecting, electronic addresses; or
(b) the use of an individual’s electronic address, if the address is collected by the use of a computer program described in paragraph (a).
Marginal note:Accessing a computer system to collect personal information, etc.
(3) Paragraphs 7(1)(a) to (d) and (2)(a) to (c.1) and the exception set out in clause 4.3 of Schedule 1 do not apply in respect of
(a) the collection of personal information, through any means of telecommunication, if the collection is made by accessing a computer system or causing a computer system to be accessed in contravention of an Act of Parliament; or
(b) the use of personal information that is collected in a manner described in paragraph (a).
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