Evidence of meeting #17 for Access to Information, Privacy and Ethics in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was pipeda.
A recording is available from Parliament.
4:40 p.m.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
Okay.
Can you tell me what the relationship between your office and the Office of the Privacy Commissioner is? Is it is a good relationship?
4:40 p.m.
Assistant Deputy Minister, Spectrum, Information Technologies and Telecommunications, Department of Industry
We are the policy people, if you like, in overseeing the order in council, the provisions, and the act's ability to create regulations—for example, to deem substantially similar pieces of legislation in the provinces, to deem investigative bodies. We deal with a lot of regulatory issues.
The actual administration of the act is run by the Office of the Privacy Commissioner.
4:40 p.m.
Director General, Electronic Commerce, Department of Industry
We work very closely with the Office of the Privacy Commissioner in a number of areas, including the Governor in Council's responsibilities that were just mentioned.
If you look at the policies for considering laws as substantially similar, the Office of the Privacy Commissioner has a specific role in terms of her point of view on those issues, as well as on investigative bodies. So there is a relationship, both informal and formal, to the extent that these are incorporated in policy guidelines.
We also work very closely with her on international issues. As I mentioned before, the OECD is very active in this area, and it continues to be very active. It's one of those bodies--to get back to the question raised by Madame Lavallée--where it's not so much that new norms are being established for privacy protection, but that areas of cooperation for cross-border enforcement of privacy laws and some of these international issues are being addressed. The Privacy Commissioner has actually been active with the OECD, working with us to look at some of these issues on an international basis.
4:40 p.m.
Conservative
4:40 p.m.
Liberal
The Chair Liberal Tom Wappel
Eight minutes, actually.
This is a heads-up, ladies and gentlemen. We will be calling the minister, and we would ask you to get working on what he's going to say here. We will be asking what specific amendments, if any, he wants us to consider. And if he says none, we'll be asking his opinion of amendments that have been suggested by others.
We're now going to Mr. Peterson.
4:40 p.m.
Liberal
Jim Peterson Liberal Willowdale, ON
Thank you.
Have you heard from any parties that the Privacy Commissioner should not have order-making power?
4:40 p.m.
Director General, Electronic Commerce, Department of Industry
Yes, we have. As we mentioned earlier, there are really two points of view on the question of order-making powers or the Privacy Commissioner as a quasi-judicial body.
By the way, I'm sure you'll hear from the Privacy Commissioner herself on this issue. I think that should be the first point of contact about whether the powers are—
4:40 p.m.
Director General, Electronic Commerce, Department of Industry
Yes, there are.
4:40 p.m.
Liberal
Jim Peterson Liberal Willowdale, ON
Okay.
Now, if PIPEDA is working so well, I can't figure out why we have four provinces that passed similar legislation after ours. Is this not overlap and duplication of the worst order?
4:45 p.m.
Director General, Electronic Commerce, Department of Industry
Actually, the provincial legislation creates a comprehensive standard for protecting privacy across private and public sectors in those provinces. It really strengthens privacy protection in a way that either the federal law on its own or individual provincial laws could not do. Therefore, that was something—
4:45 p.m.
Liberal
Jim Peterson Liberal Willowdale, ON
If PIPEDA is protecting private sector information, why did the provinces have to step in and do it as well?
4:45 p.m.
Director General, Electronic Commerce, Department of Industry
PIPEDA would not protect all elements of personal information. There are elements that are outside of the federal government's constitutional authority under trade and commerce—
4:45 p.m.
Liberal
Jim Peterson Liberal Willowdale, ON
Such as a provincially owned agency or a provincial government or department.
4:45 p.m.
Director General, Electronic Commerce, Department of Industry
Yes, such as the health sector. There are a number of areas. Any area where information is not defined as commercial cannot be captured by PIPEDA. Therefore, there are areas that—
4:45 p.m.
Liberal
4:45 p.m.
Assistant Deputy Minister, Spectrum, Information Technologies and Telecommunications, Department of Industry
There is no duplication; it's either one or the other. The moment they pass their law, we are out of it.
4:45 p.m.
Assistant Deputy Minister, Spectrum, Information Technologies and Telecommunications, Department of Industry
Some of them wanted a more comprehensive approach to what's happening in their own jurisdiction. Some provinces have decided to go with PIPEDA, and so far they have no intention of passing a provincially based law.
4:45 p.m.
Liberal
Jim Peterson Liberal Willowdale, ON
There would be holes in their structure, then, for government operations, I suppose.
4:45 p.m.
Assistant Deputy Minister, Spectrum, Information Technologies and Telecommunications, Department of Industry
There could be, and I guess they'll cross that bridge when they come to it. Right now, they're quite happy to not enact it.
4:45 p.m.
Liberal
Jim Peterson Liberal Willowdale, ON
What's happening in the U.S.? Does every state have a law similar to this, but there's no federal law? Is that the situation?
4:45 p.m.
Assistant Deputy Minister, Spectrum, Information Technologies and Telecommunications, Department of Industry
There's no law like PIPEDA that's economy-wide, independent of various sectors. There you have health privacy, financial privacy, and those kinds of bills. I think there's also—
4:45 p.m.
Director General, Electronic Commerce, Department of Industry
They're national?