Canada's tax revenue agency tries to ToS itself out of hacking liability
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Canada's tax revenue agency tries to ToS itself out of hacking liability
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Re: Canada's tax revenue agency tries to ToS itself out of hacking liability
#2Do government agencies generally have that kind of liability in the first place?
Re: Canada's tax revenue agency tries to ToS itself out of hacking liability
#3This is so typical of the Canadian government.
The effectivly FORCE you to use this site as they try to cut costs and reduce "call in" support.
Then, they create a ToS which absolves them of all responsibility if they are hacked?
I would be willing to bet that if any Canadian business tried this the government would crack down and state it not permitted.
The government has a tendency of "do as i say not as i do".
Any Canadian can tell you that for the most part government IT is utter garbage.
arrive-canPhoenix
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Re: Canada's tax revenue agency tries to ToS itself out of hacking liability
#4Do government agencies generally have that kind of liability in the first place?
No, normally the government in Canada can be sued for this sort of thing.
not exactly the same thing, but this is a $500,000 class action lawsuit for losing a USB Key containing patient data:
https://www.thestar.com/news/gta/2012/05/28/durham_region_he...
The expectation is that the government protect your privacy or pay if they fail to do so.. as with any private data.
Re: Canada's tax revenue agency tries to ToS itself out of hacking liability
#5Do government agencies generally have that kind of liability in the first place?
I am not a lawyer, but if it's provable that your data was stolen, why wouldn't a citizen be able to take an entity to court for what would be reason precautions and protections around their data?
If you can show that they didn't have audits, protections against their DB, etc. then I can imagine they'd be as liable as a private entity.
But as is mentioned, this is all but demanded of Canadians to use this service, and yet the government is absolving itself of liability.
Re: Canada's tax revenue agency tries to ToS itself out of hacking liability
#6> 10. The Canada Revenue Agency has taken all reasonable steps to ensure the security of this Web site. We have used sophisticated encryption technology and incorporated other procedures to protect your personal information at all times. However, the Internet is a public network and there is the remote possibility of data security violations. In the event of such occurrences, the Canada Revenue Agency is not responsible for any damages you may experience as a result
I am not a lawyer, but I would be surprised if this holds water, legally speaking. Imagine going to an amusement park and signing a waiver that the park takes no responsibility for your injuries. If you climb aboard a rollercoaster that hasn't seen any maintenance in 20 years and you get decapitated, I'm pretty sure the park is still legally responsible. Getting someone to sign something that says "we did our due diligence" doesn't make it true.
Re: Canada's tax revenue agency tries to ToS itself out of hacking liability
#7Also noteworthy is that compared to leading commercial websites (Amazon, Facebook, etc.), the Canada Revenue Agency website: Responds an order of magnitude slower (like 3000 ms vs. 300 ms), and has maintenance downtime hours (instead of being up 24/7).
> However, the Internet is a public network and there is the remote possibility of data security violations.
They conveniently ignore the fact that HTTPS is pervasive and that you can reasonably carry private conversations on a public network. And why don't they have a disclaimer for the fact that the telephone network is public and the mail network is public?
Re: Canada's tax revenue agency tries to ToS itself out of hacking liability
#8> 10. The Canada Revenue Agency has taken all reasonable steps to ensure the security of this Web site. We have used sophisticated encryption technology and incorporated other procedures to protect your personal information at all times. However, the Internet is a public network and there is the remote possibility of data security violations. In the event of such occurrences, the Canada Revenue Agency is not responsi…
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Re: Canada's tax revenue agency tries to ToS itself out of hacking liability
#9This is so typical of the Canadian government. The effectivly FORCE you to use this site as they try to cut costs and reduce "call in" support. Then, they create a ToS which absolves them of all responsibility if they are hacked? I would be willing to bet that if any Canadian business tried this the government would crack down and state it not permitted. The government has a tendency of "do as i say not as i do". Any…
> The government has a tendency of "do as i say not as i do".
Well that’s the value proposition of government, right? A monopoly on violence in exchange for a set of rules leading to a stable society.
Re: Canada's tax revenue agency tries to ToS itself out of hacking liability
#10This is so typical of the Canadian government. The effectivly FORCE you to use this site as they try to cut costs and reduce "call in" support. Then, they create a ToS which absolves them of all responsibility if they are hacked? I would be willing to bet that if any Canadian business tried this the government would crack down and state it not permitted. The government has a tendency of "do as i say not as i do". Any…
CRA is almost a separate entity from other federal departments, so it behaves like a private business than a government department. They aren’t even at the behest of the treasury board.