Mr. Speaker, I did cover part of the hon. member's question in my speech. I hope it does address it, but the concern is that there are three loopholes that are not covered by section 403.
First, though fraud and impersonation are crimes under the Criminal Code, they do not apply to personal information such as phone records, consumer preferences or purchases. Second, while these actions violate that section and they violate the PIPEDA insofar as it says that information cannot be disclosed without express consent, this does not guarantee a remedy in the sense that the Privacy Commissioner is very limited to what she can actually do.
Our concern is with the Privacy Commissioner in her own situation. Maclean's magazine highlighted the fact that it was an American data broker who did this through impersonation. There is no recourse for the Privacy Commissioner or anyone else to remedy that problem unless there is a situation that we are putting forward in the bill whereby we make Canadian affiliates responsible in some way.
We feel that, in the new information technology, section 403 simply does not cover that. We need to cover phone records as the United States is doing through VoIP services. That requires these three pieces of legislation, the Canada Evidence Act, the Competition Act and the Criminal Code to be amended for that purpose.