Obviously, from my previous remarks, it's clear that I share some of your concerns with respect to the consumer protection aspect of this. Quite frankly, I'm surprised that the recommendation I was putting forward is somehow thought to be extraordinary in any way. With this recommendation, I'm not asking for a major overhaul of anything to do with PIPEDA. I'm simply suggesting that where a contract comes into conflict with other higher order privacy protections under the act, we should clarify the act to say those contracts are unenforceable.
I agree with my colleague that with respect to the reasonableness clause, it may operate in that way to do this. In theory, it should operate to do that. You're going to find situations where, when consumers are confronted with that, the party on the other side will simply say, “Well, look at our contract. How can you say that anything around our information-collecting practices are unreasonable under PIPEDA if you've already agreed to them by way of contract?”
You make my point for me in a way.