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Industry committee  I don't have concerns about the level of consent that's required under ECPA. Just to give you a bit of background, PIPEDA is a law of broad applications. It was created to work in a variety of situations. My view, our view, is that PIPEDA is a floor, not a ceiling, and that the form of consent in PIPEDA should be applied by looking at the sensitivity of the personal information.

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  Thank you for that question. We haven't been consulted by law enforcement, in particular, on this issue, but ECPA as a whole does not apply to the collection of personal information by law enforcement agencies, so that's our view. It applies only to harvesting and spyware activities.

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  Thank you, Mr. Chair and members of the committee, for inviting our office to address you on this important government initiative. I am Elizabeth Denham, Assistant Privacy Commissioner, and I am joined today by Hedy Kirkby, Acting Senior Legal Counsel and Carman Baggaley, Strategic Policy Advisor.

June 18th, 2009Committee meeting

Elizabeth Denham