Duty LXD-6076
Operates a social platform, in Prince Edward Island
Intimate Images Protection Act, protection for an internet intermediarysince 1 line
Intimate Images Protection Act, R.S.P.E.I. 1988, c. I-9.1, s. 5.3 · Read the law's page
- Take reasonable steps to address unlawful distribution of intimate images in the use of your services, to keep the protection from an application or claim under the Intimate Images Protection Act; the protection does not limit a court's authority to order you to remove or de-index an intimate image.
Intimate Images Protection Act, court orders to remove or de-index an intimate imagesince 2 lines
Intimate Images Protection Act, R.S.P.E.I. 1988, c. I-9.1, ss. 1, 5.1(3)(c), 5.2(2)(c) · Read the law's page
- If a Prince Edward Island court orders you, as an internet intermediary (a commercial body that hosts or indexes third-party content through an online platform), to remove or de-index an intimate image, make every reasonable effort to remove or de-index it.
- Treat an altered intimate image the same as an unaltered one when you act on such an order, since the Act's term intimate image covers a visual recording whether or not it has been altered in any way.
Access to Digital Assets Act, a fiduciary's right of access against a custodian of digital assetssince 4 lines
Access to Digital Assets Act, R.S.P.E.I. 1988, c. A-1.1, ss. 1, 3, 5 to 7 · Read the law's page
- These duties bind a custodian, which is any person who holds, maintains, processes, receives or stores a digital asset of an account holder; the Act does not apply to an employer's digital asset that an employee uses in the ordinary course of the employer's business (ss. 1, 2(2)).
- Give a fiduciary of an account holder access to the account holder's digital asset within 30 days after receiving the fiduciary's written request and the original order or other document granting the fiduciary's authority, or a certified copy of it (s. 7).
- Treat the fiduciary as having the account holder's consent for you to divulge the content of the digital asset to the fiduciary (s. 5(1)(b)).
- Do not rely on a service-agreement provision that limits a fiduciary's access to a digital asset unless the account holder assented to it by an affirmative act separate from assenting to the other provisions of the service agreement; otherwise the provision is void and is unenforceable against the fiduciary (ss. 5(2), 6).