Information & Ethics committee  The commissioner has no ability to make law or make regulation or make orders. She is an ombudsman, a privacy advocate. She gives guidance. She does have the power to publicize--which, if you noticed earlier in our discussions, s a very powerful one--to compel compliance with her

Information & Ethics committee  Mr. Chair, just to clarify, I would want to give a complete answer. The commissioner does have the authority to initiate an investigation if she wishes, if she sees something she wants to take a closer look at. But again, at the end of that investigation, all she can do is issue

Information & Ethics committee  Early in my remarks I pointed out that for most of the private sector, this came into effect January 1, 2004. It's still very early. There is a lot of learning yet to be done. We think more time has to pass before we really understand whether or not significant changes are needed

Information & Ethics committee  I think it's what the Attorney General called “a remarkable national consensus”. Somewhat to my surprise, during the process of negotiations I learned that privacy advocates are generally not out to shut down business; they're not out to harm the economy. I hope they understand

Information & Ethics committee  There are provisions in the act. I'll defer to Ms. Cody-Rice to talk about it.

Information & Ethics committee  We would have difficulty with that concept because the Privacy Commissioner is quite rightly a privacy advocate, and there's a bias there. That's not a criticism, that's the way she's appointed and that's the way it should be, but giving order-making powers to the Privacy Commiss

Information & Ethics committee  It's one of the reasons that led to our support for the “do not call” list. Unfortunately, the telemarketing community has not comprehensively self-regulated. Those who conduct it ethically and according to the rules are paying a price now for those who have not. It is my under

Information & Ethics committee  I quite enjoyed receiving the message from my member of Parliament for Willowdale in the last election campaign.

Information & Ethics committee  Fortunately we had a code of ethics prior to PIPEDA that reflected those principles, which our members followed, so we were not terrible fussed by the legislation; we didn't have to change very much. But the fundamental of it, of course, is that you need consent to acquire person

Information & Ethics committee  Yes.

Information & Ethics committee  Yes.

Information & Ethics committee  Mr. Chair, I don't want to eat into Mr. Martin's time, but let me make a general comment about the act that I think is important for the committee to understand. The ten principles that form the basis of the act were negotiated over four long and difficult years—I know, because

Information & Ethics committee  We did some research funded by the Privacy Commissioner—and we've left a copy—with respect to small and medium-sized business. The basic problem right now is the lack of awareness. When there is a complaint, then small business will pay attention to it; they will follow the recom

Information & Ethics committee  Mr. Chair, could I respond to that?

Information & Ethics committee  I think there's one other element here, and it's a feeling that disclosing the name could do so much harm to a company. Really, with a law, they're still seeking guidance, and the Privacy Commissioner is giving guidance as to what it means. Most companies, as you know, try very h