Information & Ethics Committee on May 11th, 2017

[The Vice-Chair, Liberal, Nathaniel Erskine-Smith]

Okay. I'll put my second question to Mr. Ghiz. We had a privacy expert, a downtown Toronto lawyer who practises law under PIPEDA, come to us and say that over 60% of 13- to 17-year-olds have at least one profile on a social networking site, and the right of erasure should be enacted in relation to minors where their personal information is collected. So it's not a right to be forgotten exactly in accordance with the EU perhaps, but it certainly seems like a fair recommendation. What do you think?

[Robert Ghiz]

I think a lot of people have those opinions and I think we are constantly changing, but I think we need to be very careful in terms of what we do. You have European law, you have California law, and there are other laws out there.

We worry about the burdensomeness of it and believe that we need to look toward the education component that exists with parents, but also with governments, the commissioner, and the kids involved.

[The Vice-Chair, Liberal, Nathaniel Erskine-Smith]

Thanks very much.

My last question is for Mr. Hill. You had said—and I might misquote you a little bit—that there are enormous barriers to enabling consent, and that you were looking at perhaps a framework where there would be reasonable expectation that there would be additional purposes. Implied consent would expand perhaps where that new purpose does not put the consumer at risk or might in fact benefit the customer.

Just so I have some clarity, you're not talking about secondary marketing purposes, though, are you?

[Wally Hill]

No, not necessarily secondary marketing purposes. It could be any. It could be a situation where an app that's been developed, that is based on the use of personal information, develops a new aspect to it—

[The Vice-Chair, Liberal, Nathaniel Erskine-Smith]

I'm sorry, maybe I phrased the question poorly. Do you think that there could be a situation where there would be implied consent for secondary marketing purposes?

[Wally Hill]

Yes, I think there is. For example, PIPEDA provided for the situation where, when a subscription to a magazine is expiring, organizations would be following up and remarketing that magazine to individuals. I think it is possible. I wasn't thinking particularly of secondary marketing. I was talking about, in a global sense, all kinds of possible situations.

[The Vice-Chair, Liberal, Nathaniel Erskine-Smith]

That marketing would be in relation to where there is an existing customer.

Would it not be in relation to sharing or selling that information to third parties?

[Wally Hill]

No, not sharing the information with third parties, except in situations where third parties are providing a service to the organization.

I think when you're sharing information, you need express consent.

[The Vice-Chair, Liberal, Nathaniel Erskine-Smith]

Thanks very much.

Is there anyone else with questions?

With that, thanks to all for attending. The meeting is adjourned.