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Information & Ethics committee Mr. Chairman, this is not the time to make any major changes in the framework of PIPEDA. As certain members of this committee will remember, this law was applied in less than ideal circumstances at the beginning. It has been a very difficult road for the Office of the Privacy Commissioner.
November 27th, 2006Committee meeting
Jennifer Stoddart
Information & Ethics committee Again, I say, I don't know. I have nothing that leads me to believe that this is slower or more cumbersome than going before equivalent tribunals, and I have some knowledge of tribunals from having administered tribunals. It depends on the requests for stay of proceedings, it depends on the availability of parties, it depends on where they can be heard.
November 27th, 2006Committee meeting
Jennifer Stoddart
November 27th, 2006Committee meeting
Jennifer Stoddart
Information & Ethics committee It's about 1,400.
November 27th, 2006Committee meeting
Jennifer Stoddart
Information & Ethics committee The complaints are mainly about use and disclosure, collection, and access. Those three types dominate from year to year. First of all, use and disclosure ones make up 38%; collections are at 23%; and ones on access to one's own file, one's own personal information, make up 18%.
November 27th, 2006Committee meeting
Jennifer Stoddart
Information & Ethics committee They would be very specifically worded amendments that make it clear—and I think the model is in the Privacy Act—that our investigative powers are not blocked by solicitor–client privilege. This is in the Privacy Act. It was not put in PIPEDA, we understand, because it was thought that our investigative powers were clear enough.
November 27th, 2006Committee meeting
Jennifer Stoddart
Information & Ethics committee There might be, yes.
November 27th, 2006Committee meeting
Jennifer Stoddart
Information & Ethics committee No, we have not floated it before, Mr. Chairman. We only received this decision about three weeks ago, I believe. This is a decision of the Court of Appeal. The first level of the Federal Court was in agreement with us that our investigative powers included looking at documents for which it was alleged there was solicitor–client privilege.
November 27th, 2006Committee meeting
Jennifer Stoddart
Information & Ethics committee We think there is a very real possibility that respondent organizations could take a very expansive view of what solicitor–client privilege is, and thus in fact shelter documents containing personal information that would be appropriate to our investigation behind the use of this privilege.
November 27th, 2006Committee meeting
Jennifer Stoddart
Information & Ethics committee Since the beginning of PIPEDA, I believe there have been about 1,400 complaints overall, Mr. Chairman.
November 27th, 2006Committee meeting
Jennifer Stoddart
Information & Ethics committee No, over the five years that it has now been in force. Let me just find those statistics for you. We have received over 56,000 written and telephone inquiries.
November 27th, 2006Committee meeting
Jennifer Stoddart
Information & Ethics committee If it's convenient for you, Mr. Chairman, I have a fairly short opening statement and then we'll have a good time for questions. Ladies and gentlemen members, I am very pleased to be here today to assist you with your review of the Personal Information Protection and Electronic Documents Act, or PIPEDA, as it is commonly called.
November 27th, 2006Committee meeting
Jennifer Stoddart
Information & Ethics committee Germany is.
November 8th, 2006Committee meeting
Jennifer Stoddart
Information & Ethics committee We use our own staff.
November 8th, 2006Committee meeting
Jennifer Stoddart
Information & Ethics committee No, and in many of the cases, we hire a Mr. Steve Welchner.
November 8th, 2006Committee meeting
Jennifer Stoddart