Evidence of meeting #34 for Access to Information, Privacy and Ethics in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was audit.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Jennifer Stoddart  Privacy Commissioner, Office of the Privacy Commissioner of Canada
Chantal Bernier  Assistant Privacy Commissioner, Office of the Privacy Commissioner of Canada

12:50 p.m.

Privacy Commissioner, Office of the Privacy Commissioner of Canada

Jennifer Stoddart

They can make a complaint. If they're flying, there is the office of redress administration. If somebody tells them that they are on a no-fly list, they can go to that.

Maybe Chantal, who looks at national security questions, can complete this.

12:50 p.m.

Assistant Privacy Commissioner, Office of the Privacy Commissioner of Canada

Chantal Bernier

First of all, I would again talk about our website. We have a checking-in page that lists all the redress mechanisms when you travel, whichever way you travel, for occurrences such as, for example, the use of inaccurate information. In fact, we would be happy to bring you copies the next time we appear, but it is available on our website.

In addition to that, of course, people can make a complaint to our office, and we would then investigate.

12:50 p.m.

NDP

The Chair NDP Pierre-Luc Dusseault

Thank you, but your time is up.

Ms. Borg, please go ahead for five minutes.

12:50 p.m.

NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Okay, thank you.

I know we have pretty well covered the topic, but there is something specific I want to ask you about. The other day, I read an article that said a survey had found that many people have trouble understanding the privacy policies of certain companies, such as Google and Safari.

Is that a concern for you? Are you doing any public education around that?

12:50 p.m.

Privacy Commissioner, Office of the Privacy Commissioner of Canada

Jennifer Stoddart

The fact that privacy policies are written by lawyers who are not even Canadian lawyers and by courts that are not Canadian courts has always been a problem. It's a problem everywhere. For the most part, these policies are written with U.S. legal challenges in mind. That does nothing to help consumers in Canada or elsewhere. This is a frequent topic of discussion for privacy commissioners.

That being said, what tangible measures can we take? When a complaint is made, we tell the company it must clarify its privacy policy. Sometimes, companies say one thing and do another. Following up can definitely be a challenge. We devote a large chunk of our efforts to investigations, which often take months. Discussions with the companies are ongoing. We tell them they must clarify their policies because they have an obligation to explain to people what they do. So far, they have always complied more or less.

12:50 p.m.

NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

There is still a long ways to go.

12:50 p.m.

Privacy Commissioner, Office of the Privacy Commissioner of Canada

Jennifer Stoddart

Absolutely. These policies change all the time. The companies, themselves, change daily. Our most recent series of questions had to do with Google's new privacy policy. At the international level, the French data protection authority is asking the questions on behalf of all the data protection authorities.

12:50 p.m.

NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Thank you.

In your report, you also say that you often attend international conferences to obtain information. How does Canada measure up against other countries in terms of respecting privacy? Do you study that? Is that something these conferences help you determine?

12:50 p.m.

Privacy Commissioner, Office of the Privacy Commissioner of Canada

Jennifer Stoddart

Yes, we often compare ourselves with others, because we are perpetually trying to improve when it comes to our performance and the protection of personal information. Canada has ranked better in the past than it does now. But given all the provinces and territories that have their own authorities, Canada has a fairly good reputation around the world. Canada is recognized as a country concerned with protecting the personal information of its citizens.

However, as I said, the legislation has not changed. PIPEDA has really not been amended since 1999. Thirteen years is a long time by today's standards. Public sector legislation has not been changed in 30 years. We still don't have any anti-spam legislation in force or any legislation on holes in security systems. Canada is already lagging behind, as I see it.

12:55 p.m.

NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

How much time do I have left, Mr. Chair?

12:55 p.m.

NDP

The Chair NDP Pierre-Luc Dusseault

One minute.

12:55 p.m.

NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

The chair of the committee has already submitted a motion on this. We would like you to appear before the committee to discuss your concerns regarding the Canada-U.S. perimeter security action plan. Do you think the committee should look into that matter further?

12:55 p.m.

Privacy Commissioner, Office of the Privacy Commissioner of Canada

Jennifer Stoddart

Yes, and I commend you on that initiative. I might recommend, however, that you wait until the next agreement on joint privacy protection principles is released so there is more content to study and discuss. As it stands, only the intention has been announced; you may want to wait until things are further along.

12:55 p.m.

NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Thank you.

12:55 p.m.

NDP

The Chair NDP Pierre-Luc Dusseault

Just to clarify, is May 30 when we expect to receive those details?

12:55 p.m.

Privacy Commissioner, Office of the Privacy Commissioner of Canada

Jennifer Stoddart

I believe so, yes.

12:55 p.m.

NDP

The Chair NDP Pierre-Luc Dusseault

The last five minutes of our meeting go to Mr. Carmichael.

12:55 p.m.

Conservative

John Carmichael Conservative Don Valley West, ON

Thank you, Chair.

I'm glad to have the opportunity to address you, Commissioner, and your colleagues and I thank you for being here today.

As I've listened to your testimony and read the reports, I have to admit I marvel at the scope of your mandate. It's a big job and I commend you on the work you do. I think we're all thankful to have you in the role of carrying out the tasks at hand.

You've spoken today after eight years in your job and the changes you've witnessed, certainly in technology, which affects your role every day just as it affects our lives. We see it in the Internet and all the different spots. My colleagues opposite like to reference Bill C-30, a bill that's coming before this House and one that has raised intense concern on their side.

You mentioned that you have some concerns with that legislation and, I presume, with its predecessor legislation as well, going back to the previous Liberal government. I'm sure you'll be attending committee and will bring your thoughts forward. I look forward to that because I think you'll bring productive and beneficial input into that debate; that's something that I hope you will do.

As an aside, or as an extension of that, in the report on plans and priorities, one of the concerns I had was how you manage the change, day to day, in your organization. I notice that you mitigate some of the risk by implementing your change management strategy or talent management program. Is it enough to keep pace?

Additionally, because this is probably the last question you're going to hear today, as you think about the change management strategy, are you able to do enough to keep pace with the change that's coming at you? In addition, in the short and medium term, what major issues do you see facing your office, and again, coping with those within your department?

12:55 p.m.

Privacy Commissioner, Office of the Privacy Commissioner of Canada

Jennifer Stoddart

Thank you for those questions.

In relation to change management, I would say we don't have a choice. We may not be changing fast enough to follow the issues. I know our staff often finds the rate of change that we have to maintain very difficult. In my opinion, either we change or we become largely irrelevant to the privacy problems of Canadians. That's the world in which we live and we have to deal with it.

For the future, increasingly in the online world, the mobile world, the implications of things like geospatial technology and biometrics continue to be in the forefront of our thinking. We rely on our four priorities to guide us. Genetic technology has huge implications for privacy. We talk about it for policing, but there's also the private sector; there is commercial business in genetic testing. There are issues around identity management. Identity theft is a huge online criminal activity. We haven't mentioned public safety and the use of drones. This will be a whole new era of public safety issues. As the web itself changes and then links with other technologies into a total technological environment, it will be a challenge for us to figure out the limits of this total surveillance capability.

1 p.m.

NDP

The Chair NDP Pierre-Luc Dusseault

I have to stop you there, because we need to put the question to a vote. I will read it in English.

JUSTICE

Offices of the Information and Privacy Commissioners of Canada

Vote 45—Office of the Privacy Commissioner of Canada—Operating expenditures..........$22,131,000

(Vote 45 agreed to)

Mr. Nadeau, Ms. Stoddart and Ms. Bernier, thank you for being here today. We hope to see you again very soon.

Meeting adjourned.