Computer Program Guidance
CASLComputer Program Guidance
概述
Consent Requirements
Form of Consent
Enhanced Disclosure
Exceptions
Implications for UWinnipeg
Section 8 ofCASLdeals with the installation of computer programs in the course of a commercial activity and came into force on January 15, 2015. In essence,CASL未经所有者或授权用户的明确同意，禁止个人和组织在商业活动中安装或导致在他人的计算机系统上安装软件。
Where express consent is required, UWinnipeg must
- Explain why it is seeking consent
- 解释谁在寻求同意
- Provide a mailing address and one other piece of contact information (telephone, email,website地址）
- Provide a statement indicating that the owner or authorized user may withdraw consent
- Describe generally the function and purpose of the program
- Obtain and record a positive consent from the owner or authorized user
Consent may be provided by the owner or the authorized user of the computer system. To use employee computers as an example, the University is the owner and the employee is the authorized user.
When is enhanced disclosure required?
If the computer program performs any of the below functions without the knowledge of the owner or authorized user, a separate enhanced disclosure is required.
- Collects personal information stored on the computer system
- 干扰the owner or authorized user's control of the computer system
- Changes or interferes with settings or data on the computer system
- Causes the computer system to communicate with another system or device without the authorization of the user
- Provides third party access to the computer system
To provide enhanced disclosure, UWinnipeg must explain
- The nature and purpose of the specific function
- The potential impact on the user's computing device
- An electronic address where the owner or authorized user, for a one-year period, may request that the program be uninstalled from their system
1.如果计算机程序是在2015年1月15日之前安装的，则暗示同意至2018年1月15日，除非所有者或授权用户提供通知，他们希望他们希望从计算机系统中卸载该程序。
2. Consent is implied if the program is
- A cookie
- HTML code
- Java脚本
- An operating system
- A program that is executable only through the use of another computer program whose installation or use the owner or authorized user has previously expressly consented to
- A program that is necessary to correct a failure in the operation of a computer system or a program installed on it and is installed solely for that purpose where the owner or authorized user's conduct is such that it is reasonable to believe that they consent to the program's installation
Unless the owner or authorized user chooses to disable any of the above. If so, consent is not implied.
3.CASLdoes not apply to software,apps, widgets or updates that the owner or authorized user self-installs. Thisdoes not includeautomatic updates unless express consent for automatic updates was secured at time of installation.
1.在员工计算机上安装计算机程序的关注度很低，因为CASL通常不适用于业主或授权用户对软件的自我安装。
2. Programs installed before January 15, 2015 are of relatively low concern. Assistance should be offered to owners or authorized users who wish to uninstall the program from their computer system.
3.为校园的学生，员工和访问者提供应用程序相对较低，只要个人在自己的计算机系统上安装程序，并且该应用程序在需要增强的披露或包含任何隐藏程序或未公开的情况下执行功能不执行功能功能。
4.应寻求明确的同意for updates to computer programs, either at time of installation or time of updating.
5.All evidence of express consent must be documented and retained.