Catalog / Tracks devices / LXD-2377

Tracks devices, in Manitoba

Privacy Act, tort of violation of privacysince 4 lines

C.C.S.M. c. P125, ss. 2-5 · Read the law's page

  • Do not substantially, unreasonably and without claim of right violate the privacy of another person; an action can be brought without proof of damage (s. 2).
  • Do not conduct auditory or visual surveillance of a person, their home or other residence, or a vehicle, and do not listen to or record a conversation in which the person participates, or their messages, passing over telephone lines, unless you are a lawful party or have lawful authority (s. 3(a)-(b)).
  • Do not use a person's name, likeness or voice for advertising, promoting the sale of property or services, or any other purpose of gain without authorization where the person is identified or identifiable and you intend to exploit it (s. 3(c)).
  • Do not use a person's letters, diaries or other personal documents without the person's consent or the consent of the person who holds them with that person's consent (s. 3(d)).
Business Practices Act, personalized algorithmic pricingsince 7 lines

C.C.S.M. c. B120, ss. 1-3, 7 and 33, as amended by S.M. 2026, c. 41 · Read the law's page

  • If you are an online retailer or online distributor, do not use personalized algorithmic pricing, meaning pricing that an algorithm or automated processing sets, recommends or varies for a specific consumer as a result of data about that consumer, to increase the price of goods demanded from the consumer; the Act deems that use an unfair business practice (s. 2(3)(v)).
  • If you display prices with an electronic shelf labelling system, do not demand a higher price at the point of sale due to personalized algorithmic pricing in respect of that consumer (s. 2(3)(r.1)).
  • Treat the use of personalized algorithmic pricing as a material fact: exaggeration, innuendo or ambiguity about it, or a failure to disclose it, is a deemed unfair business practice (ss. 2(3)(p), 2(4)).
  • Where the Act conditions a higher price on the consumer's express consent, an online retailer or online distributor has that consent only if it prominently discloses the reason for the higher price in clear and understandable language and the consumer takes clear overt action to consent (ss. 2(3)(q), 2(5)).
  • If you are an online retailer, online distributor or user of an electronic shelf labelling system, do not take advantage of a consumer by demanding a price higher than the price offered to other consumers because of personalized algorithmic pricing in respect of that consumer (s. 3(2)(c)).
  • As an online retailer or online distributor, disclose the total price, including mandatory fees and charges, and any other material facts to the consumer in clear and understandable language and post them prominently, and make the data about the consumer that is available to you equally available to the consumer; both are factors in deciding whether a practice is unfair (s. 3(3)(c)-(d)).
  • Treat the use of algorithms, data analytics, machine learning or artificial intelligence by you or a third party as capable of being an unfair business practice, whether or not a consumer transaction is entered into (s. 7(2)).

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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