Information & Ethics Committee on May 27th, 2008

[Carolyn Kobernick]

I think we already spoke to the concern there that it might be limiting the individual complainant who wants to come forward and have their complaint heard. Those issues are not always something of public interest. So to give the Privacy Commissioner that particular power may create an issue. I think it's something that has to be explored. I'm sure she would always act in good faith, so it's not a question of that. But I think we need to explore that issue a bit further to be sure that the individual complainant still has the ability to bring complaints forward.

[Sukh Dhaliwal, Liberal, Newton—North Delta, BC]

We were talking to the minister earlier about where Canada is when it comes to protecting the privacy of our citizens in relation to the developed countries. Could you comment on that? Where do we stand, particularly in relation to the developed countries, and can we learn from those developed countries that are ahead of us when it comes to implementing those privacy regulations?

[Denis Kratchanov]

The minister referred--

[Sukh Dhaliwal, Liberal, Newton—North Delta, BC]

He talked about China, but I'm particularly interested only in the developed nations.

[Carolyn Kobernick]

It was Greece and Romania who appeared in the particular report the minister made reference to as being the top two in the world. Canada is certainly up there, but I don't have any more specific information on the other countries that perhaps were reflected in that report. Perhaps we could get that report and provide it to this committee, and then you would have that available to you to see what information it has.

[Sukh Dhaliwal, Liberal, Newton—North Delta, BC]

Okay.

[The Chair, Liberal, Paul Szabo]

Mr. Hiebert had one more question, I think.

[Russ Hiebert, Conservative, South Surrey—White Rock—Cloverdale, BC]

Thank you, Chair. We had David Flaherty--I'm not sure if you know who that is--the former Information Commissioner from British Columbia, come and speak before the committee. He was giving us examples, at least in the private sector, where data breaches would occur, that there was a lack of proper security and then the data would get stolen or lost in transit from one location to another.

He suggested that the federal government, the Privacy Commissioner, should have some standard by which she could hold government departments accountable as to the level of security they have attached to the process they use. Presumably, government departments have to transport this data as well. Do you have any comments on the inclusion of some level of standard in this respect, or what that standard might be?

[Carolyn Kobernick]

Treasury Board has already issued guidelines to departments on breach notification--and I think the minister spoke to that--which does set a standard on data that is inadvertently disclosed.

I understand there is also a consultation taking place in the context of PIPEDA to look at that whole issue. I think we will wait and see what that consultation shows us, and then perhaps we can take a look.

I don't know if you've seen the guidelines from Treasury Board on that. You do have them? That would also be useful to take a look at, perhaps, to see what the standards are that have been set.

[Russ Hiebert, Conservative, South Surrey—White Rock—Cloverdale, BC]

Do you have any direct opinion as to whether or not those standards that are being proposed by Treasury Board should also be adopted by changes to the Privacy Act?

[Carolyn Kobernick]

I don't have a personal opinion on that, no.

[Russ Hiebert, Conservative, South Surrey—White Rock—Cloverdale, BC]

Anybody else?

Thank you.

[The Chair, Liberal, Paul Szabo]

Thank you.

It is actually unusual, in my experience, that the department responsible is waiting for someone else to suggest to it what happens or what should happen. Usually we start off by having the minister and the ministry come before us to provide some of the priorities and areas of concern and ask the committee to do a study.

[Mike Wallace, Conservative, Burlington, ON]

[Inaudible--Editor]

[The Chair, Liberal, Paul Szabo]

No, I understand that, but there is a responsibility to the minister. And I understand that the minister seemed to indicate that maybe it's not his job to tell us what else we might consider. But I think there was an indication that he is prepared to share preliminary or general views with regard to at least the ten—in fact, eleven; there is another one at the very bottom, in the editorial, about training. If you look at the front summary, the training of personnel was an issue.

We have asked others to do this, and I wonder if we could ask you to provide us with whatever specific input you could on each of the ten. We've talked generally about two or three of those, but is there any input you'd care to give to help us get a sense of what your views would be, should they come up as recommendations for legislative changes?

[Carolyn Kobernick]

I certainly think we could give you the considerations, which is perhaps what you're looking for from us.

[The Chair, Liberal, Paul Szabo]

Sure, whatever you feel is appropriate.

[Carolyn Kobernick]

On the one hand or on the other, these might be some issues that one should look at, take into consideration, reflect on a bit. I'm hoping you're not asking for it this second. You'd like it in writing? Is that what you're asking for, or do you want us to go through it? It could take us a—

[The Chair, Liberal, Paul Szabo]

Well, we have some other business to do, but I want you to think, because the minister did I think give us some considerations about federal versus provincial, etc.

[Carolyn Kobernick]

Yes, exactly.

[The Chair, Liberal, Paul Szabo]

Those are very important, and I don't think anybody else ever said that to us, to be careful or cautious. But if there is further input specifically on the ten, because I don't think we covered all of them, and if you do have matters for consideration or concern, it would be helpful to us, and I'd invite you to apprise us of them if you could. Okay?

[Carolyn Kobernick]

I'm still unclear. Would you like that right now or in writing?

[The Chair, Liberal, Paul Szabo]

Oh, absolutely in writing.

[Russ Hiebert, Conservative, South Surrey—White Rock—Cloverdale, BC]

Just provide us, in writing, your comments or concerns or something like that.

[Carolyn Kobernick]

I think that would be easier, and then we could take each recommendation and outline some of the concerns, and that would be helpful for your eventual study.