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May 10th, 2021Committee meeting

Daniel Therrien

Information & Ethics committee  You're right. Ultimately, it takes a human being to analyze the file and respond to the complainant. The technology is used primarily in the triage process. Currently, we have an obligation to deal with every complaint, but we don't process them all in the same way. Some we investigate thoroughly and some we investigate in a more expedited manner.

May 10th, 2021Committee meeting

Daniel Therrien

Information & Ethics committee  The outreach component includes this aspect, but it encompasses many others. Technology is a complex area for a lot of people. For many people, it's difficult to understand the privacy risks they have to manage unless they have a minimal understanding of the basics of technology and personal information handling.

May 10th, 2021Committee meeting

Daniel Therrien

Information & Ethics committee  Yes. There's no question that Bill C-11 is a comprehensive and serious attempt to address privacy issues in the digital world, but at the most general level, we think that in order to provide adequate protection for privacy, the bill needs very significant changes. Why? In part it's because we think that even though there are provisions on consent in Bill C-11, the ultimate impact would be less control for individuals, in part for the reason you suggest, that a requirement in the current law that individuals, consumers, understand the consequences of what they are being asked to consent to does not exist in Bill C-11 as drafted.

May 10th, 2021Committee meeting

Daniel Therrien

Information & Ethics committee  In brief, yes. We think that part of the solution is, yes, to give additional flexibility for companies to use information for legitimate business purposes but within a privacy law that has a human rights foundation. That ultimately would be the most significant protection given to consumers.

May 10th, 2021Committee meeting

Daniel Therrien

Information & Ethics committee  Before answering the question directly, I would like to remind committee members that, in other jurisdictions, this discretion is granted to agencies that are equivalent in nature to my office. The purpose is to ensure that these offices aren't flooded with complaints, which would prevent them from playing a proactive role.

May 10th, 2021Committee meeting

Daniel Therrien

Information & Ethics committee  That's correct.

May 10th, 2021Committee meeting

Daniel Therrien

Information & Ethics committee  Our assessment of risk based on what we observe in various settings is what determines it. In this context, the current and future legislation, as part of Bill C-11, requires us to investigate when complaints are referred to us. Except in very rare cases, when a complaint is filed by an individual, the legislation requires us to investigate.

May 10th, 2021Committee meeting

Daniel Therrien

Information & Ethics committee  Basically, yes.

May 10th, 2021Committee meeting

Daniel Therrien

May 10th, 2021Committee meeting

Daniel Therrien

May 10th, 2021Committee meeting

Daniel Therrien

Information & Ethics committee  I'll be careful because we're investigating. I'll just note the general principle that consent is generally required to collect, use and disclose personal information under Canadian private sector privacy laws, and even if consent is given, there's a further rule that provides that even if consent is provided, a company cannot collect, use and disclose information if a reasonable person would find that inappropriate.

May 10th, 2021Committee meeting

Daniel Therrien

Information & Ethics committee  I'll go out on a limb and say that in terms of the private sector, it's probably about 50%. In addition to that, new roles would be given to us as part of the Department of Justice's proposed reform of the public sector, if that were to happen in the not-too-distant future. A substantial increase in the budget would then be required.

May 10th, 2021Committee meeting

Daniel Therrien

Information & Ethics committee  Actually, that money would be needed because of the additional mandate we would have under Bill C-11.

May 10th, 2021Committee meeting

Daniel Therrien

Information & Ethics committee  The digital revolution, which requires us to provide more advice and set more guidelines, is always a factor. For example, we give guidelines to companies. These are guides, which are not legally binding. A few years ago, after a consultation, we identified about 30 topics for the private sector that should be covered by privacy guidelines.

May 10th, 2021Committee meeting

Daniel Therrien