Thank you for that question.
We haven't been consulted by law enforcement, in particular, on this issue, but ECPA as a whole does not apply to the collection of personal information by law enforcement agencies, so that's our view. It applies only to harvesting and spyware activities.
The amendment you referred to in clause 78 of Bill C-27, under proposed section 7.1 of PIPEDA, does not refer to disclosures. So it doesn't refer to a disclosure, say, from a TSP to a law enforcement organization. It just uses the term “collection and use”. That's my understanding.
Perhaps my colleague, Carman Baggaley, can add to that.