Evidence of meeting #53 for Access to Information, Privacy and Ethics in the 42nd Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was pipeda.
A recording is available from Parliament.
Liberal
Nathaniel Erskine-Smith Liberal Beaches—East York, ON
That's discretion to investigate complaints as they see fit—
Liberal
Nathaniel Erskine-Smith Liberal Beaches—East York, ON
—and improve upon regulation as a result.
The U.K. Information Commissioner levies fairly significant fines, or has in the past, and we don't have powers to fine. In addition to that discretion, should the Privacy Commissioner have the power to levy fines?
Liberal
Vice-President, Privacy and Access Law Section, Canadian Bar Association
We would say no.
Liberal
Nathaniel Erskine-Smith Liberal Beaches—East York, ON
I have one last question for you specifically. One importance of such fining powers is deterrence.
You mentioned court damages being sufficient. It's been a long time since I was in law school, although not as long ago as Ms. Stoddart, but I remember the case of Ward. It was $5,000 for an illegal strip search. It struck me as terribly low. There wouldn't be a great deterrent that would come out of that. When you say court damages are sufficient, are there examples you could point to?
Vice-President, Privacy and Access Law Section, Canadian Bar Association
Would Ward have been a criminal law case?
Liberal
Vice-President, Privacy and Access Law Section, Canadian Bar Association
That's different, but for courts, definitely, that is part of what they do. They assess the damage, and based on the damages, they assess awards that go with it.
Liberal
Vice-President, Privacy and Access Law Section, Canadian Bar Association
Most recently, there was a case where I think $115,000 was awarded.
Liberal
Vice-President, Privacy and Access Law Section, Canadian Bar Association
Sure.
As an Individual
In Ontario, under provincial law, there was $160,000 recently given for damage to reputation.
Staff Lawyer, Canadian Internet Policy and Public Interest Clinic
Just to be clear, that was not under PIPEDA. Again, that covers a very different set of activities, not the regulatory framework that's in place.
Conservative
The Chair Conservative Blaine Calkins
Thank you very much, colleagues. Thank you to our witnesses.
We apologize for starting late and ending early. If there is any information that we need from our witnesses, please feel free to submit that.
Colleagues, we have about 17 minutes to get to the House. Thank you.