New 2257 Compliance Guide

[miz_wright]

Originally Posted by DannyCox

It's this stuff that can create quite a problem for Canadian producers. While we do maintain our records per 2257, and have always done so, it is illegal for us to share that information with anyone unless we have prior written consent from the talent or have been issued a Queen's Writ (court order) to do so. Canadian Privacy Laws are quite clear on that point. We just cannot send releases to anyone, it is against the law.

I actually just had a conversation about this internally for Canadian producer concerns.

This clause:
4.5 Principle 5 — Limiting Use, Disclosure, and Retention
Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfilment of those purposes.

seems to indicate that if the information is collected for the purpose of age verification, that can be used as applicable for those particular business purposes. Additionally, the model release could be worded to proactively outline those purposes. Also, certain personally identifying information can be redacted from submitted data.

[gonzo]

So all in all .....after this long wait. The Fed have made ZERO progress in making this regulation easily workable to us in the biz.

[softball]

Originally Posted by LizAEBN

I actually just had a conversation about this internally for Canadian producer concerns.

This clause:
4.5 Principle 5 — Limiting Use, Disclosure, and Retention
Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfilment of those purposes.

seems to indicate that if the information is collected for the purpose of age verification, that can be used as applicable for those particular business purposes. Additionally, the model release could be worded to proactively outline those purposes. Also, certain personally identifying information can be redacted from submitted data.

Here is the dilemma for Canadians and Europeans. It is against the law to disclose any private information of employees to anyone. If the FBI comes calling outside the US, they are just plain people with no more authority than any normal person. Extraterratoriality is anathema to any free country. Imagine if the Nigerian secret police demanded information on a US citizen from their employer. All hell would break loose. So 4.5 Principle 5 is unenforcable outside the US.

[DannyCox]

Originally Posted by LizAEBN

4.5 Principle 5 — Limiting Use, Disclosure, and Retention
Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfilment of those purposes.

seems to indicate that if the information is collected for the purpose of age verification, that can be used as applicable for those particular business purposes. Additionally, the model release could be worded to proactively outline those purposes. Also, certain personally identifying information can be redacted from submitted data.

The purpose they are talking about is for the producer, not for anyone else. Within Canada, I may be able to show a lottery winner, but I cannot disclose their personal information. Also in Canada, we really don't care how an American attorney may read our Privacy Act as we are here, and we have to deal with it. Long ago, I retained an Attorney here to read the Act and to let me know in writing what I may and may not do. It came down to; DO NOT disclose personal information to anyone for any reason unless presented with a court order to do so. Most other civilized countries have the same privacy laws.

The main thing is that people can throw as much legal opinion as they want, but unless we are all right here in Canada, I have to ignore it. I need to worry about the laws in Canada, no where else.

Anyway, the section of 2257 that is being discussed takes care of all that. If someone is using or distributing my content in the US, all they need is my corporate legal information and a letter from me saying that all model releases and identification have been duly verified.