Evidence of meeting #39 for Industry, Science and Technology in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was list.
A recording is available from Parliament.
4:10 p.m.
Bloc
Robert Bouchard Bloc Chicoutimi—Le Fjord, QC
I come back to my questions about clause 78 again. Of course, there are advantages to clause 78. Could there not also be negative consequences, if the wording of the clause were applied chapter and verse?
4:10 p.m.
Policy Analyst, Electronic Commerce Policy, Department of Industry
As drafted, the clause says that you have to have authorization to collect information and authorization to access a network. Those are the two conditions. It is the access and the collection of information that are not authorized. Otherwise, there should be no problem.
4:10 p.m.
NDP
Brian Masse NDP Windsor West, ON
Thank you, Mr. Chair.
The bottom line is whether we agree or disagree with allowing others to have access to computers without authorization. I would agree that we don't want to have that.
I want to clearly understand L-5. Does this strengthen or weaken a person's privacy?
4:10 p.m.
Policy Analyst, Electronic Commerce Policy, Department of Industry
It's just a matter of interpretation. Currently, PIPEDA does not recognize telephone accounts. That was the reason for the difference between the definition in the PIPEDA amendments and the definitions up front in ECPA, where we are recognizing all electronic addresses. I think it would cause a problem for the Office of the Privacy Commissioner to interpret only these two clauses under PIPEDA as including telephone accounts.
4:10 p.m.
NDP
Brian Masse NDP Windsor West, ON
You're saying that it would then restrict the Privacy Commissioner's ability if it were introduced.
4:10 p.m.
Policy Analyst, Electronic Commerce Policy, Department of Industry
It would complicate her investigations in this area, because everywhere else in PIPEDA, she doesn't recognize telephone addresses as being part of PIPEDA.
4:10 p.m.
NDP
Brian Masse NDP Windsor West, ON
We would be prescribing the Privacy Commissioner in her job.
Okay. Thank you.
4:10 p.m.
Conservative
4:10 p.m.
Bloc
Robert Bouchard Bloc Chicoutimi—Le Fjord, QC
As I listen to my colleague, another question occurs to me. It is similar to the one I have already asked, but I will ask it in a different way.
I have heard comments to the effect that the scope of clause 78 is very wide, perhaps too wide. For the benefit of committee members, I would like you to reassure us that the scope is reasonable. I would like to be reassured about that.
4:15 p.m.
Policy Analyst, Electronic Commerce Policy, Department of Industry
Clause 78, proposed subsection 7.1(3), as drafted, seems very reasonable. There should be consent for personal information to be collected by an unauthorized method.
4:15 p.m.
Bloc
Robert Bouchard Bloc Chicoutimi—Le Fjord, QC
How would you respond to people who say that the scope is too wide?
4:15 p.m.
Policy Analyst, Electronic Commerce Policy, Department of Industry
As in other parts of other bills, there must be an expectation of consent if personal information is to be collected. In this case, collection of this kind is limited to use by an electronic network.
4:15 p.m.
Conservative
The Chair Conservative Michael Chong
Thank you, Mr. Leduc.
Are there any other comments or questions?
(Amendment negatived)
4:15 p.m.
Conservative
The Chair Conservative Michael Chong
We will now go to consideration of government amendment 55.1, as moved by Mr. Lake.
Before we go to any consideration of this amendment, I want to point out that if the committee adopts government amendment 55.1, Liberal amendments 7, 8, and 9 cannot be moved because they will be out of order.
We have in front of us government amendment 55.1. Is there any discussion?
Mr. Lake.
4:15 p.m.
Conservative
Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB
This was one that we reintroduced.
I want to get some clarification, and I would appreciate you or the clerk reading proposed paragraph (c) of this amendment.
4:15 p.m.
Conservative
The Chair Conservative Michael Chong
I will get the legislative clerk to read the amendment as moved by Mr. Lake into the record.
4:15 p.m.
Legislative Clerk, Committees Directorate, House of Commons
It says:
(c) replacing line 13 on page 48 with the following: (3) Paragraphs 7(1)(a), (c) and (d) and (2)(a) to (c.1) and the exception set out in
4:15 p.m.
Conservative
Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB
I don't believe that is the newest version of this amendment.
4:15 p.m.
Conservative
The Chair Conservative Michael Chong
Mr. Lake, do you have the latest copy of the amendment so I can read it for all members?
4:15 p.m.
Conservative
Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB
It should read:
(c) replacing line 13 on page 48 with the following: (3) Paragraphs 7(1) (a) to (d) and (2)(a) to (c.1) and the exception set out in
4:15 p.m.
Conservative
The Chair Conservative Michael Chong
So we are all clear, we're considering government amendment 55.1, which has been moved by Mr. Lake. It is as it has been written on the sheet in front of you, with the change in the last line reading:
(3) Paragraphs 7(1) (a) to (d) and (2)(a) to (c.1) and the exception set out in
Is there any discussion?
Mr. Masse.
4:15 p.m.
NDP
Brian Masse NDP Windsor West, ON
I'd like to ask the department about this change, and then I have some other questions.