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Information & Ethics committee  Federal privacy laws apply everywhere in Canada, except in provinces whose legislation is similar to the federal government's, which is the case in Quebec. Any activity taking place solely in Quebec is governed by Quebec's legislation, but many issues have an impact beyond Quebec's borders, especially those involving the Internet and social media.

October 25th, 2023Committee meeting

Philippe Dufresne

Information & Ethics committee  That illustrates why it's important for the organizations making those ads appear to be more transparent, to comply with proactive obligations and to say why they are doing what they're doing. You should have the right to ask the organization why that ad showed up for you. You bring to mind something important, Mr.

October 25th, 2023Committee meeting

Philippe Dufresne

Information & Ethics committee  We explicitly recommended that the term “profiling” be included in the definitions. When organizations use an algorithm, when they infer things from your personal information and, then, use that to build profiles, there are consequences, and they need to be taken into account and regulated.

October 25th, 2023Committee meeting

Philippe Dufresne

Information & Ethics committee  There has been progress. It is making its way through the Federal Court of Appeal process. We have filed our factums, our written representations, to the Federal Court of Appeal. Facebook has filed its written representation. Next steps will be to wait for the court to set a hearing date, which we hope will take place in the coming months and, following that, oral arguments and then a decision.

October 25th, 2023Committee meeting

Philippe Dufresne

Information & Ethics committee  We've not automated processes. I'm looking to my colleague, Mr. Maguire. We've been looking at a first step in terms of systems efficiencies, in terms of risk management profiles, in terms of.... We've developed a tool to identify real risk of significant harm in the case of breaches, so that's an automated process.

October 25th, 2023Committee meeting

Philippe Dufresne

Information & Ethics committee  Certainly. There are sometimes discussions about that. As for the cases you're referring to, sometimes a department tells us it's already doing what we recommend. In the case of the pandemic, we also carried out an assessment of proportionality and necessity, which is not mandatory under the Privacy Act, but which we feel should be.

October 25th, 2023Committee meeting

Philippe Dufresne

October 25th, 2023Committee meeting

Philippe Dufresne

Information & Ethics committee  Yes, Quebec's law 25 definitely has more teeth than existing federal laws, simply because it grants the power to issue orders. Quebec's access to information authority, the Commission d'accès à l'information, or CAI, can issue binding orders and impose heavy fines, similar to the European model under the General Data Protection Regulation.

October 25th, 2023Committee meeting

Philippe Dufresne

Information & Ethics committee  I think it's absolutely essential to modernize this act. We also need to modernize the part of the Privacy Act that deals with the private sector. This law is 20 years old, so it's older than Facebook and social media. It is positive that Bill C‑27 aims to modernize the act with respect to the private sector.

October 25th, 2023Committee meeting

Philippe Dufresne

Information & Ethics committee  The power to issue orders is very important. In my view, the ideal scenario is not having to use that power, but its mere existence will encourage good decision-making. I say this as commissioner, but also as a senior corporate executive and as an employer: When there are a lot of priorities and a lot of pressure but little time and few resources, organizations prioritize binding legal obligations over recommendations.

October 25th, 2023Committee meeting

Philippe Dufresne

Information & Ethics committee  One of the things I think about is how to communicate with citizens more effectively. What you've done in your riding with your seminars and discussions is very good, and it's a good step in the right direction. We have to get to a point where Canadians understand what's happening, and we have to equip them to do that.

October 25th, 2023Committee meeting

Philippe Dufresne

Information & Ethics committee  I think we have to hold public discussions, be transparent and have obligations to be transparent. The phenomenon you're describing has accelerated even more with artificial intelligence. We may think we know our personal information will be used by such and such an entity. However, do we really know what anyone can conclude about us based on that information?

October 25th, 2023Committee meeting

Philippe Dufresne

Information & Ethics committee  I think you should never waive your privacy because it's a fundamental right. We have to remind people that privacy has no transactional or commercial value that can be sold and that, if you get something exciting enough in return, such as innovation, that's worth it. It's a fundamental right that defines us as individuals and that other rights are based on, rights that enable us, for example, to be free, to have democratic systems and equality and to be free from discrimination.

October 25th, 2023Committee meeting

Philippe Dufresne

Information & Ethics committee  Thank you very much, Ms. Fortier. I'm happy to see you in person as well. We addressed this issue early in my term, because it's important that we make quality decisions, but how fast we make them is equally important. Decisions must be delivered within a reasonable timeframe. However, when too many requests are received, it takes longer to respond.

October 25th, 2023Committee meeting

Philippe Dufresne

Information & Ethics committee  Yes, for the moment, privacy breaches in the public sector are reported in accordance with Treasury Board directives. There's a legal obligation in the private sector. We definitely have recommendations on the subject. I think it's useful to have binding legal obligations because that encourages organizations to take action.

October 25th, 2023Committee meeting

Philippe Dufresne