I don't agree. I think a reading of the legislation would logically lead one to that conclusion.
The minister said that the obligation to disclose to an individual when their information has been disclosed was covered under PIPEDA. It's not. It's quite clear, when you look at PIPEDA, that subparagraph 7(1)(c)(ii) doesn't require that there be any disclosure to the individual.
When the minister says that it must comply with section 25, that's simply not accurate when you look at the text of section 25, which requires that the person disclosing “acts on reasonable grounds”. And reasonable grounds isn't just asking for the information—“I need this information for an investigation”—and then having the telco comply and give it to you. That's not reasonable grounds. If reasonable grounds is required for the protection of section 25, the case can be made to a judge.
It's not the case that this hamstrings investigations. In my experience, in the case of some of the tragic examples that this committee has heard, it's not the case that it would take 30 to 60 days to retrieve that information. That's simply not how it works.
The section that the minister was speaking of broadens the ability to ask for that information. Certainly combined with other bills, such as Bill S-4, it raises severe privacy concerns in terms of the broadening of that information. It's not consistent with section 25, which requires reasonable grounds.
In fact, the countless hundreds of thousands of example that we've heard about over the last month about this sort of voluntary disclosure is troubling, and this does nothing to address that. It does nothing to address notifications to persons affected.
What's the danger with people asking for this information? I'm sure you've all read the stories about record checks, police checks, state storage of information, disclosure of that information.That's the danger. It's not an answer to say that if you have nothing to hide, you should be willing to give this information over. What's the harm? The harm is done when the charter is breached. That's the standard. The tie doesn't go to the victim. The tie should go to the charter, which is the supreme law and should be respected.
Privacy is not about hiding. It's not about secrecy. Privacy is about a person's right and ability to control the information about them and their freedom of choice. Just as I have a privacy interest in my voice when it goes through the telephone lines at the telecommunications companies, I also should have, and citizens should have, privacy interests in other data. It's a misnomer to say that the legislation makes it clear that this just subscriber data, i.e., name. That's not what it says. It's the type, duration, date, time, size, origin, destination, and termination of your data and anyone else's data.
When that net is cast, I say there's not even close to a tie here. The police aren't hamstrung. They can take the appropriate steps and we can be protected. Police can do their job, and at the same time, we can respect not only individuals' privacies but also comply with the strict standards that we're entitled to under the charter.