Boonex Better Comply With Canada's Privacy Acts!

Technoman posted 14th of September 2009 in Community Voice. 24 comments.

Boonex I suggest you go and read this before you change your rules on here, if you decide that we need to put our real names well I will be first to call Canada Canwest News Service and have them come here to make sure the Boonex Site is following all "Privacy Policy Acts" of Canada!

Please go have a look

http://www.globalontario.com/Facebook+comply+with+Canada+privacy+recommendations+Commissioner/1935317/story.html

This little part underneath this is from that website I posted!

Canada gave Facebook 30 days to come up with a plan to address concerns or face court action, requiring it to change its business practices to comply with Canada's Personal Information Protection and Electronic Documents Act.

 
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mauricecano
I would imagine a Canadian court has no jurisdiction over Boonex, since Boonex is out of Australia. Wouldn't a Canadian webmaster need to buy the software and mod it to comply with Canadian law?

It would be like if I allowed users to upload pirated movies. If I got copyright notices from the RIAA or the FTC, it would be my responsibility to comply with copyright laws and filter video uploads, and not the authors of Boonex.

If Boonex had to bend to every nation's rules and laws, then there see more really wouldn't be any software left.
Technoman
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!
mauricecano
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.
tyke
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
therock
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.
houstonlively
Technoman, why you want make Boonex so scared. Now they will be shaking so bad with fear, they won't be able to get anything done.
tyke
Now while im against using real names myself, this threat to go running to some Canadian news is just silly, (well no offence,pathetic came to mind, but i just thought that out loud you understand and didnt say it)Oooppps, did i just type that then LOL no offence meant to boonex, but please, Canada's privacy commissioner is not going to bother with the small percentage of its Canadian citizens that might use Dolphin. Facebook is totally different, it has a reported 12 million Canadians using facebook, see more which is a lot of canadians. Besides that, facebook where already in the process of tightening up its security anyway,this Canadian thing just came at the same time, otherwise i think facebook would have told them to shove off, I really dont think another country can impose its rules on a company outside its own state. If it could, then the uk government would have shut down half the websites already for upsetting our British sensibilities... Ha Ha ....

Interesting topic though TM, you obviously dont like making friends of Bonnex too much, you really dont do yourself any favours....

regards

Tyke
Synergy
The article is about sharing personal information with outside companies, not the use of real names. One has nothing to do with the other.
mydatery
To move further on this though, the Canadians are reach here at best with threats of a legal action. Facebook is not a Canadian Company and has not based itself inside of Canada. With this in mind, Canada can file it's suits inside of a Canadian court, but it has to enforce them and if Facebook wants to thumb their noses to Canada, they can.

A similiar situation happened when the US attempted to force a UK company to comply with US laws (it was internet based also). The UK company responded see more with... "Great, take us to court, we won't show up so you'll win, by the way we'll spend just as much paying you as we do in showing up...."

How do you expect Canada to enforce any judgement against a company that is located in Australia? Do you really think the Australian Government is going to care? This sounds to much like Canada trying to force it's opinions on the rest of the world and all of us Americans know where that gets you.
CALTRADE
Gambling sites are also illegal in the U.S. - but not the U.K. - but people here still use them.
mydatery
To move further on this though, the Canadians are reach here at best with threats of a legal action. Facebook is not a Canadian Company and has not based itself inside of Canada. With this in mind, Canada can file it's suits inside of a Canadian court, but it has to enforce them and if Facebook wants to thumb their noses to Canada, they can.

A similiar situation happened when the US attempted to force a UK company to comply with US laws (it was internet based also). The UK company responded see more with... "Great, take us to court, we won't show up so you'll win, by the way we'll spend just as much paying you as we do in showing up...."

How do you expect Canada to enforce any judgement against a company that is located in Australia? Do you really think the Australian Government is going to care? This sounds to much like Canada trying to force it's opinions on the rest of the world and all of us Americans know where that gets you.

In the end it comes down to this. You did a search to find a software to build a site and you CAME to the Boonex site. On the Boonex site you downloaded the software for free and then you chose to use it for free or to purchase a license (I don't know which you did) and as such you conducted business inside of Australia, not inside of Canada. So, if you want to press the issue of privacy, go look up the Australian laws on it, better shot with those than with the Canadian laws. Heck, even the US laws in the end can't do a thing about it, as they are not based in the US.
mydatery
I hit edit and it double posted. Can a mod please remove the first one and this? Please...
CALTRADE
Now you better worry Andrew - Technoman is going to send the Mounties after you - they always get their man!
Technoman
Guys, your cracking me up .... ;)

We need privacy and today on the Internet we do not get it and I want to make sure that we are protected and that nobody uses our information towards 3rd parties of such. I hate spam email!

It has nothing to do with scaring anyone, it is all about respecting one another and If I choose that i prefer not to give out my real name then I have a right not to give it out, but that should not give me a ban fro mthe site cause I choose NOT to give you my real name see more i will NOT ... simple as that and I have rights to not give out any information if I please not to.
therock
Technoman,

I myself am from Canada and just to let you know that it is not up to Boonex to make sure privacy laws are taken care of in there software, it is up to the website owner and/or the business owner to comply with the privacy laws. Like Hustonlively said why on earth would you put a scare into Boonex when it has nothing to do with them. Boonex does not write your privacy policies the business owner does meaning you yourself.
mistertunechat
The one thing i dont understand is that this issue is an obvious issue to alot of people. So why would a business want to almost shrub there nose and say privacy is just "overrated" looks naive and neglegent on boonexs part. I really cant see how it would effect many people on here however from them limiting access. Unless you sell some sort of service, so imo it wont matter to me I just refuse to give my real name on here for all to see.
CodeSatori
I believe Technoman is saying that BoonEx may need to consider privacy laws in terms of BoonEx Unity as a BoonEx provided commercial service, not in terms of Dolphin the software they're selling.

The Canadian system may have some say in how companies may conduct their business with regards to Canadians. If BoonEx targets Canadian audiences and conducts business with Canadians / in Canada over its BoonEx.Com / Unity site, being aware of country-specific laws and regulations may be a prudent thing see more to do.
CodeSatori
If someone really wants to dig into what's legal and what's not, starting with an Aussie online privacy laws primer is probably a good idea: http://www.efa.org.au/privacy/
CodeSatori
Well there you have it, a two minute search away. This clause is binding to BoonEx as an Australian private sector organization.

## Information Sheet (Private Sector) 1A: National Privacy Principles ##

"8. Anonymity

Wherever it is lawful and practicable, individuals must have the option of not identifying themselves when entering transactions with an organisation. "

The next section, "9. Transborder data flows", is also relevant, as BoonEx is the holder and transmitter see more of a personal information data registry:

"An organisation in Australia or an external Territory may transfer personal information about an individual to someone (other than the organisation or the individual) who is in a foreign country only if: ..."

("Personal information" being in particular "real name", and "third party" the whole of the public Internet being to whom the data is transmitted by and through a BoonEx service.)

The full information concerning Australian online privacy laws is available under the following URL.

http://www.privacy.gov.au/materials/types/infosheets/view/6583
Technoman
On SEN CRISSS = who gives a fuck ?

I do, so if you got noting contructive to say then don't write on my blog please!
Technoman
well im not to sure on rights and stuff around the world .. but the domain is registered to the USA so basically regardless of where there living i would presume they would follow under the USA bylaw ... but i could be wrong on this, by the way im referring to privacy acts!
 
 
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