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Information & Ethics committee I think the biggest problem with pure choice is that it resolves to an opt-out idiom. The choice is usually given—here are the options, maybe it's given clearly—and if you don't choose one of them, you're in. I can tell you that in the private sector world that's the reality. I
April 4th, 2017Committee meeting
David Young
Information & Ethics committee I would deem meaningful consent...well, understanding, period. In fact, you can look at the recent amendment to PIPEDA in 2015. There's so-called enhanced consent, so read that. I have it chapter and verse in front of me. That's a pretty good description of meaningful consent. It
April 4th, 2017Committee meeting
David Young
Information & Ethics committee In terms of what Ian is talking about, I think, an idiom in the U.S. that has been talked about for a number years is called “do not track”, which is a default setting. It basically says that for all this data collection that you.... Any time somebody goes to a website, data is b
April 4th, 2017Committee meeting
David Young
Information & Ethics committee Could I have 15 seconds to respond?
April 4th, 2017Committee meeting
David Young
Information & Ethics committee I would certainly agree with an enhanced or a conceivable statutory right to be forgotten for children. As you'll see in my brief, I think we have a right to be forgotten. We don't know the scope of it, because there are two cases going to the Supreme Court that will articulate t
April 4th, 2017Committee meeting
David Young
April 4th, 2017Committee meeting
David Young
Information & Ethics committee Charge them—
April 4th, 2017Committee meeting
David Young
Information & Ethics committee I pulled out the Alberta act, and that's what the Alberta act says now. It says, intentionally breach the provisions of this act. I'm not sure about the Quebec act, but other than that it's the only law we have in Canada that actually imposes fines for breach of the legislation.
April 4th, 2017Committee meeting
David Young
April 4th, 2017Committee meeting
David Young
Information & Ethics committee If you don't use intent, what are you going to use? We have already, imminently, that it is going to be an offence for failure to report a breach, and that's just failure to report the breach. In part, the response to what you've described is the very substantial scope for du
April 4th, 2017Committee meeting
David Young
Information & Ethics committee Sorry, just repeat the—
April 4th, 2017Committee meeting
David Young
Information & Ethics committee How do you ascertain intention? Is that the issue?
April 4th, 2017Committee meeting
David Young
Information & Ethics committee No, not really. In fact, I've had colleagues who have suggested it may be too weak a threshold. To give you an example of that theory, organizations intentionally take steps to comply with privacy law. They develop privacy policies, procedures, a whole infrastructure. If ultimat
April 4th, 2017Committee meeting
David Young
Information & Ethics committee That is what PIPEDA is. It has 10 principles. It has a useful supplementary explanation, which actually becomes guidance.
April 4th, 2017Committee meeting
David Young
Information & Ethics committee Thank you. I was actually thinking about that as Ian made his case. There are a couple of things. I don't think we disagree in the essence of the ethic we're looking for, which is control. I use that word. That's what our law is right now, it's control of your personal informati
April 4th, 2017Committee meeting
David Young