Information & Ethics committee  Good afternoon, Mr. Chair and honourable members. Let me commence by expressing my extreme gratitude for the invitation and the opportunity to appear before you today on a set of issues that I care very deeply about. Like many of the others who have appeared before you, and p

Information & Ethics committee  I submitted them about a week ago. They perhaps didn't come through translation. It perhaps goes without saying that computers, databases, networks, surveillance cameras, cookies, spyware, radio frequency identification, and other automated means of collecting, using, and discl

Information & Ethics committee  Actually, I would clarify. I picked some particularly dramatic examples that I thought would grab hold of this audience. I would never suggest that every standard form contract is written in these kinds of ways. In fact, many good counsel, both at the table and around the room, h

Information & Ethics committee  I would also disclaim any particular expertise on the issue. The issue, of course, is a constitutional issue, so it has to do in part with the fact that PIPEDA, as you've heard from other witnesses who've appeared before you, tries to achieve ends that can be understood as fallin

Information & Ethics committee  I'd be happy to comment on that. I was here on the day when Madame Commissioner was making her submissions to this committee. I would, quite frankly, be quite surprised if somehow solicitor–client privilege operated differently for the commissioner in terms of her investigations

Information & Ethics committee  The professor doesn't put his hand up that often.

Information & Ethics committee  I think in the context of the conversation we were just having, it's useful to note that of the more than 1,400 complaints that the Privacy Commissioner has received, only nine cases, as far as I can count them, have been commented on by the Federal Court, and not a single one ha

Information & Ethics committee  I would like to go on the record as saying there's more than one way to interpret what those statistics say with respect to whether there is a problem or not. That should be obvious to the members, but I want to go on the record as saying that.

Information & Ethics committee  Absolutely.

Information & Ethics committee  Sure. I'm more than happy to provide my oral remarks. What I had already provided was a written submission, which was much more formal in nature, but I'm happy to provide this as well.

Information & Ethics committee  There are several recommendations.

Information & Ethics committee  It's absolutely 100% your responsibility to read it, and Canadian contract law is very clear in this regard, that so long as sufficient notice has been given.... In cases such as Rudder and Microsoft, which is one of the leading cases in Canada...it is incumbent upon the person w

Information & Ethics committee  I would suspect--

Information & Ethics committee  It's a very important question, and I'd like to answer it if you let me.

Information & Ethics committee  In the context of when those kinds of things are such that courts and governments ought to interfere with those contracts, that's your question, under what circumstances ought they too. In my recommendations I'm very clear that where the privacy legislation itself has an elevated