Industry committee  I'm going to clarify that situation by citing an example. I give my e-mail address to a person and tell him to contact me in future. That may be in three, five or six years; there's no time limit on express consent. If the person to whom I give my e-mail address forgets to ask fo

Industry committee  If you've given him your e-mail address and you've asked him to send you an e-mail in four years, if the vendor has kept a file on that relationship or a card authorizing him to—

Industry committee  He has to keep proof of that relationship.

Industry committee  Ultimately we're just expanding the mandate of these three enforcement agencies. The Privacy Commissioner is responsible for PIPEDA and the Privacy Act and protecting the personal information of Canadians. So she is responsible for protecting electronic addresses and personal inf

Industry committee  Philip addressed the due diligence defence and the common law principles, but we're getting to the fact where, okay, you boo-boo once, you enter into a compliance agreement, and then you do it again, and those are in the factors to be considered under clause 20. When developing t

Industry committee  If I could quantify that, the 36-month transitional period only applies to existing business relationships and existing non-business relationships. So there is a quantification there. The burden of proof is still that you must have had that existing business relationship—if it's

Industry committee  We haven't done that anywhere in the legislation. The legislation applies to commercial activity. It doesn't matter whether you're a political party, a religious group, a charity, or Sears; it's the activity that people are engaging in that we're saying you have to get express co

Industry committee  Yes, it is possible, but where do you cut off the line? What's a small business? Is it 50 people or 500? What if it's a small manufacturing firm?

Industry committee  The 18-month thing was a clarification. It came through the witness hearings--i.e., what happens if I have a subscription to House & Home magazine for two years and the subscription is about to run out, but they've also run out of the 18 months? We're saying that they get the

Industry committee  I didn't know he was appearing. It was just kind of odd to see him in the room. Actually, Paul got me through a third party referral.

Industry committee  Yes. We didn't want to allow third party referral to.... We understand, for financial advisers, real estate agents, and other professional or business service-type people, that referrals are key to their business, and that they have lost the ability to contact referrals through

Industry committee  Yes, in many of the clauses within the bill, and then more clearly under clause 63, you will see that the Governor in Council has the capacity to make regulations regarding certain aspects of the bill, and then generally, for the proper functioning and application of the legislat

Industry committee  I think you're dealing specifically with a set of circumstances, whether the check box is ticked or whether it's not ticked. You get right down to the basics. The American model is an opt-out model, whereby nobody has to have prior consent or permission to send out any commercial

Industry committee  Well, we have measured within our borders and around the world what percentage of all e-mail traffic is spam, and estimates vary, with between 75% and up to about 92% or 93% being garbage. So 90% of traffic is garbage that we're either having to filter through or it's getting int

Industry committee  I want to be sure I clearly understand your question. Are you talking about a case in which you would like to tell a business that you no longer want to receive e-mails from it? Then we're talking about the number of days the business has to take the necessary steps to meet your