Sure. Our understanding is that the private sector is already quite conservative when it comes to disclosure of information. They will typically want to see judicial authorization before they disclose, unless, obviously, law enforcement can meet the test in Spencer to show that it's “exigent”, that it is under “a reasonable law” or that there is a “common law authority” for them to collect that information.
They're quite parsimonious in the information they disclose. More often than not, they will not disclose. The other thing to remember is that proposed section 44 of the CPPA and its equivalent in PIPEDA are permissive. They don't compel disclosure. They say that a company “may disclose”. Typically, companies, on balance, don't disclose unless they are convinced that the Spencer test is met.
This test is a significantly narrower test than Spencer and would probably mean that the private sector would not disclose any information, which, of course, can disrupt law enforcement activities at all levels: national security, child exploitation and many other instances where law enforcement needs this kind of information.