Information & Ethics Committee on April 4th, 2017

Evidence of meeting #54 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.

On the agenda

Personal Information Protection and Electronic Documents Act (PIPEDA)

MPs speaking

Also speaking

Young Principal, David Young Law, As an Individual

Robert Parker Advisory Consultant, Risk Masters International Inc., As an Individual

Ian Kerr Professor and holder of the Canada Research Chair in Ethics, Law and Technology, University of Ottawa, As an Individual

Vincent Gautrais Full Professor, Director of the Centre de recherche en droit public, Faculty of Law, University of Montreal, As an Individual

5:25 p.m.

Principal, David Young Law, As an Individual

David Young

I would deem meaningful consent...well, understanding, period. In fact, you can look at the recent amendment to PIPEDA in 2015. There's so-called enhanced consent, so read that. I have it chapter and verse in front of me. That's a pretty good description of meaningful consent. It's understanding what you're consenting to.

I'd just make a point about children. Even though there's a very useful rule such as COPPA, and there's a voluntary rule, essentially the same rule, in Canada articulated by the Canadian Marketing Association, those are useful, but, in my view, a minor can't consent.

You can treat it as consent, but they have the right to basically withdraw whatever consent they've given at the time they get to age 18 or 19. It's not exercised, but I think that is the legal rule, so they have an opportunity to re-evaluate it. I think that would work for this “right to be forgotten” for children, for example. They should get to re-evaluate it at age 18.

5:30 p.m.

Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Mr. Parker, do you have anything on—

5:30 p.m.

NDP

The Vice-Chair NDP Daniel Blaikie

We just have about 20 seconds.

5:30 p.m.

Advisory Consultant, Risk Masters International Inc., As an Individual

Robert Parker

Consent is what the individual gives, so you give consent for them to use, and it's like, look at the front office, that's where the forms, etc. go. What happens in the back office is you need sufficient granularity so if you chose A, B, and D, but not C or E, then those three would be taken, and that's not happening. The organizations that collect it, in most cases, do not change the habit of the back office system that will allow that level of granularity, so regardless of what you do on consent, you'll either get everything or nothing.

5:30 p.m.

NDP

The Vice-Chair NDP Daniel Blaikie

Thank you very much, Mr. Parker.

That's all the time we have for today.

Thank you very much to our witnesses, first of all for coming, and second for being patient with the votes that took place in the House.

I do want to mention, in case you're not aware, that if you have any additional comments you want to submit to the committee in writing that you didn't get to make today, or if anything came up to which you feel you want to provide a more fulsome response, you are welcome to be in touch with the clerk and submit those thoughts to him.

Thanks again, everyone.

The meeting is adjourned.