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Industry committee  There are already provisions that are similar to that in PIPEDA and other statutes, but with more safeguards that would a require privacy impact assessment, a research ethics approval, or reporting to the Privacy Commissioner. There are also provisions in the Statistics Act that

October 24th, 2023Committee meeting

David Fraser

Industry committee  I think it will ultimately prove to be a resilient piece of legislation. I don't see potholes or anything else like that, or pitfalls such that we're going to have to come back to revisit it in five or 10 years' time necessarily.

October 24th, 2023Committee meeting

David Fraser

Industry committee  Certainly I agree that it's two different models. We also have, for example, a human rights commission and a human rights tribunal, a competition commissioner and a competition tribunal. There are other scenarios in Canada in which that particular model is applicable. There is th

October 24th, 2023Committee meeting

David Fraser

Industry committee  I guess I would start with wondering whether you think that we should have a world without Facebook, ChatGPT and things like that. In my view, this legislation takes what we have existing in PIPEDA and largely, as I said, turns it up to 11, so it puts a greater requirement of di

October 24th, 2023Committee meeting

David Fraser

Industry committee  I'm happy to weigh in on this subject with some thoughts, because it's something I have turned my mind to. In the legislation, it refers to minors, and minors are defined by provincial law. Minors are 18 in Alberta and Quebec and 19 everywhere else, so there's a different line.

October 24th, 2023Committee meeting

David Fraser

Industry committee  —or over this age, you're magically endowed with those particular powers. As a parent of three young men now, I know that you can tell that at different ages there are different levels of maturity, and it's difficult to determine. The way that it works in practice is difficult

October 24th, 2023Committee meeting

David Fraser

Industry committee  Mr. Therrien talked about the requirements for knowledgeable, informed consent. Is the child capable of understanding what it is they're consenting to and what the consequences are? It's actually tied pretty similarly to consent to medical treatment, so it's not completely isolat

October 24th, 2023Committee meeting

David Fraser

Industry committee  Starting with the assumption of having order-making powers and penalties, we do need to have an independent decision-maker, in my view. That could be the tribunal or that could be the Federal Court. I don't see why it couldn't be the Federal Court. I'm concerned that standing up

October 24th, 2023Committee meeting

David Fraser

Industry committee  The conclusion I draw on that is that it's simply saying within the legislation, or saying within the bill, that it applies to artificial intelligence in connection with interprovincial activities. The federal Parliament has very little jurisdiction, for example, over a computer

October 24th, 2023Committee meeting

David Fraser

Industry committee  Thank you very much, and thank you for your kind invitation to appear before this committee to assist in its important study of Bill C-27. I'm a partner in private practice at a law firm where I've been practising privacy law for 22 years. Most of my practice involves advising i

October 24th, 2023Committee meeting

David Fraser

Information & Ethics committee  I'm not sure you'd find it a complete analogue, and I would hesitate to bake something into concrete when the technology is going to move and consumer expectations are going to move. But I do think it does make some sense to have some “if these are your default practices”, so “th

March 21st, 2017Committee meeting

David Fraser

Information & Ethics committee  I think all of them face the same issues and the same scrutiny, and I think many of them have addressed them in varying ways in order to incorporate that. Many of them build within their organizations particular firewalls to prevent the investigations from being tainted by the ad

March 21st, 2017Committee meeting

David Fraser

Information & Ethics committee  No, I'm not familiar enough with the structure of the U.K. office.

March 21st, 2017Committee meeting

David Fraser

Information & Ethics committee  Maybe one of the things to address is whether or not it's adequate that only one individual can go to court in connection with any particular complaint. But it's modelled on being compensatory, so a judge, an independent person, with all of the evidence in front of him determined

March 21st, 2017Committee meeting

David Fraser

Information & Ethics committee  There may, in fact, be a little bit of confusion. When you talk about privacy by default, where automatically, without the person doing anything else, they're going to follow the most privacy-protected thing, that is going to work on a whole lot of services, but it might not work

March 21st, 2017Committee meeting

David Fraser