Evidence of meeting #61 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 personal.
A recording is available from Parliament.
Conservative
The Chair Conservative Blaine Calkins
Thank you very much, Monsieur Dubourg.
We have our last questioner, Mr. Choquette, for about three minutes. Then I'll ask the witnesses to please clear the room as we have to move in camera for committee business.
I want to take this opportunity to thank you for your testimony today.
Mr. Choquette.
NDP
François Choquette NDP Drummond, QC
Thank you, Mr. Chair.
I would like to go back to the dispute resolution mechanism. When the Office of the Privacy Commissioner of Canada investigates, it can use a dispute resolution mechanism but it cannot impose a fine or an order. However, the Alberta and British Columbia legislation on protecting personal information in the private sector allows the information commissioner to issue orders.
Do you know of any specific cases when orders were issued by the privacy commissioner in Alberta or British Columbia? Were the results positive or negative? How would you assess them?
Director, Intellectual Property and Innovation Policy, Canadian Chamber of Commerce
I don't have direct experience with the order-making powers in Alberta. It's all basically hearsay. I will reiterate what was said earlier, that it creates a gap between the businesses that are involved in those processes and the commissioner. What I will say about PIPEDA is that I don't think anyone could point to an example where the commissioner has done an investigation and the judiciary has pronounced on it, and there hasn't been a resulting compliance.
Is it necessary for the commissioner to have order-making powers? I would suggest no. The system is working quite well right now, and changing it would change the dynamics.
Vice-President, Consumers Council of Canada
I pointed out in my brief that there is a danger in the inconsistency between federal laws and provincial laws that a lot of national companies would certainly get caught up in.
If you are going to look at the success or failure of order-making capabilities, I think you'd probably look to some countries that have actually implemented those programs, such as the U.K. and France. They may seem a little extreme, but they have been very effective in achieving compliance.
President and Chief Executive Officer, Information Technology Association of Canada
We don't have any experience with order-making powers.
Conservative
The Chair Conservative Blaine Calkins
Okay.
We're at about three minutes. Thank you very much to our witnesses, again, for taking the time and sharing their expertise with us.
I'll suspend the meeting briefly, and we'll move in camera. We have a bit of committee business to discuss.
Thank you very much.
[Proceedings continue in camera]
