Information & Ethics committee  Then I think that would be it.

Information & Ethics committee  Yes, it's a fundamental issue.

Information & Ethics committee  It is, but the first level of court agreed with us, so it's not patently unreasonable.

Information & Ethics committee  Well, we may take it to a third level.

Information & Ethics committee  Yes, Mr. Chairman, that's what we're saying, and we do in the Privacy Act.

Information & Ethics committee  Yes. We're saying that in the course of our investigations we have to be able to look at all the documents that are relevant to our investigation.

Information & Ethics committee  I think they already are, Mr. Chairman. We'll worry about that later.

Information & Ethics committee  No. Mr. Chairman, that is correct. The honourable member has exactly stated what our position is. We raise it, but our preference is that we leave PIPEDA as it is. I believe this issue was looked at in 2000. It is a flexible definition. In some of the decisions made by the Privacy Commissioner we have dealt with the issue of work product and decided that in very obvious situations it is not covered by the act, but in situations where the information is of a more personal type, more of a revealing type, the act could cover it.

Information & Ethics committee  Yes, I do.

Information & Ethics committee  My recollection of that case that went to the Federal Court was that it was discontinued. It didn't really decide the issue. I think that's something for this committee to decide.

Information & Ethics committee  Well, there are several things that can be done. First of all, in the example the honourable member gave, I believe that is your health information that you would have given to the Manitoba government. So the Manitoba government can issue guidelines—it may have, like the federal government—and suggest that there is a scale of sensitivity.

Information & Ethics committee  Yes.

Information & Ethics committee  No, that's not provided for in the act. Perhaps at the time there hadn't been enough leaks from large data bases for anyone to think it was a problem. Yes, we're in favour of the principle. The problem is in knowing how to implement it.

Information & Ethics committee  We considered a number of American examples. That's one thing we should look at with government lawyers because it's quite complex. To whom do you give notice? What would be the scope of it? Would it concern all the information, or only where there's a significant risk? Who will bear the cost of that?

Information & Ethics committee  Yes, Mr. Chairman.