In this Privacy Tracker post, Timothy Banks, CIPP/C, CIPM, writes about the Canadian Radio-television Telecommunications Commission's response to CompuFinder after it challenged decisions made by the CRTC. In 2015, the CRTC issued a Notice of Violation of Canada's Anti-Spam Legislation accompanied by a $1.1 million fine, which CompuFinder challenged saying its actions fell under the "business-to-business" exemption, the "conspicuous publication" exemption, and that they did their due diligence. The CRTC disagreed with them on all three counts, offering helpful guidance for companies relying on these exemptions. Banks notes, "this latest review ... emphasizes that organizations have a high burden under CASL to prove that they are acting in compliance with the legislation even when sending business-to-business communications."
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