Industry committee  Thank you very much for providing me with the opportunity to speak to you today. My name is Éloïse Gratton. I am a partner at Borden Ladner Gervais. I also teach a privacy law course at the University of Montreal law faculty. I've been practising in the field of privacy law f

Industry committee  Basically, we have a problem with the fact that people are constantly being asked for their consent. They are exposed to a lot of information and I am afraid that with the proposed amendment, businesses will simply include more information, and ask for additional consent, and so

Industry committee  We need this type of provision. But I am a little worried that they will be used in fishing expeditions, so to speak. Information will be exchanged, to see if something comes out of it and if a file has to be opened. That is our concern. I listened to the testimony of representa

Industry committee  I missed the beginning of your question.

Industry committee  Yes, those suit me. I know that certain reservations were expressed with regard to the record. All of the records need to be kept. I'm also aware of the position of the Canadian Bar Association, which also has certain reservations as to the records that would have to be kept. Bi

Industry committee  No, that's okay. Of course, in an ideal world, notification provisions would be standardized.

Industry committee  It's hard to say. We will have to see whether there is a compliance problem and how businesses behave. Of course, I am sitting on one side of the fence. Businesses contact me because they want to comply with the law. So I am in a bad position to tell you that we have a problem a

Industry committee  I'm sorry, I thought you were asking him the question.

Industry committee  Yes: so it's why I have an issue with valid consent.

Industry committee  When I saw the proposal, I wondered why we needed a change, because I think PIPEDA, to a certain extent, is clear enough on the fact that you need to make sure that consent is valid and people understand what you're collecting. Then I realized that the concern originally related

Industry committee  Maybe; I guess it depends which groups and what kind of threshold we're talking about. One thing is for sure; the concern that I've had with this bill and that we're trying to address with the sharing of information without consent is that this privacy law should not be used to

Industry committee  I would also support the bill going ahead.

Industry committee  Definitely; in Spencer, the court said that individuals have an expectation of privacy in their online activities, and therefore, before you come knocking at the door of an ISP to get the identity behind an IP address, you need to have a warrant in hand. Now with the sharing wit

Industry committee  I'm thinking that we need to think very closely about the threshold at which this type of information could be exchanged to make sure that we avoid fishing expeditions. I would propose making sure that there is some type of transparency so that people are aware that these exchang

Industry committee  I would need to think about that a bit more, whether it be at the time of or after the fact, depending on the case. The idea is being transparent.