News: MISA/ASIM Canada News

Installing Computer Programs on an Individual's Computer Without Consent is now Illegal

January 16, 2015   (1 Comments)
Posted by: Alison Hermansen
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As of January 15, new requirements for installing computer programs have come into force. Businesses installing software or computer programs on another person's computer must now have their consent.

For example, under the new requirements, it is now illegal for a website to automatically install software on a visitor's computer or for an app on your phone to be updated without first obtaining consent.


These new requirements are part of Canada's anti-spam legislation adopted by Parliament that came into force on July 1, 2014. These requirements are designed to protect Canadian consumers from the most damaging and deceptive forms of spam and online threats while ensuring that businesses can continue to compete in the global marketplace.


The CRTC in collaboration with Industry Canada provided information sessions across the country to help businesses understand and prepare for the new requirements. For more information, please view the fact sheet.


Canadians are encouraged to report suspected violations of Canada's anti-spam legislation to the Spam Reporting Centre. The information sent to the Centre is used by the CRTC, the Competition Bureau, and the Office of the Privacy Commissioner to enforce Canada's anti-spam legislation. The CRTC has the primary enforcement responsibility and is able to investigate, take action against and set administrative monetary penalties against those who are not in compliance.


Quick Facts

  • New requirements on installing computer programs came into force on January 15, 2015.
  • These new requirements are part of Canada's anti-spam legislation that came into force on July 1, 2014.
  • Canada's anti-spam legislation protects Canadians while ensuring that businesses can continue to compete in the global marketplace.
  • The CRTC in collaboration with Industry Canada provided information sessions across the country to help businesses understand and prepare for the new requirements.
  • The CRTC has the primary enforcement responsibility and is able to investigate, take action against and set administrative monetary penalties against those who are not in compliance.

Quote

"We have been actively informing Canadian businesses about the new requirements for installing computer programs and our goal is to ensure they comply with these new rules. We continue to work to protect Canadian consumers from spam and online threats and want to remind Canadians of the importance of reporting spam to the Spam Reporting Centre."

 

Manon Bombardier, Chief Compliance and Enforcement Officer, Canadian Radio-television and Telecommunications Commission

 

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Comments...

Optrics Engineering says...
Posted January 27, 2015
An interesting read - with regard to apps being updated on your phone - typically you have to choose "update" which should satisfy any consent issues - particularly if you've installed the app in the first place. The spam reporting center link you mentioned is a good one. We operate our own antispam service called CudaMail, but for those who don't already have anti-spam resources like us, we often suggest the spam reporting center as a good place to submit spam samples. In fact, for crown corporations in Canada, and many other organizations in Canada it's important to keep your data in Canada. So reporting via the government's reporting center is a good resource.