Information & Ethics committee  Yes, thank you. I'm glad Professor Kerr raised that point, because this takes us back to the constitutional question. PIPEDA, the regulation of personal information in society, does not occur in a vacuum. For example, with respect to the case of notification of important changes

Information & Ethics committee  I don't think changing the legislation in any way is going to help small business. What will help small business, number one, is investment in resources with respect to education; number two, practical guidelines that businesses across the board can implement; number three, worki

Information & Ethics committee  That's an issue that would have to be taken up with our members. But certainly many organizations with which I'm familiar now do consult often with the Privacy Commissioner's office, and I don't think they would see a different duty.

Information & Ethics committee  Hotels--and I think it's unfair to pick on the Hilton hotels--in general have to balance their interest in protecting consumer information. The Hilton, or any other hotel, probably has no real interest in owning the personal information or exercising that sort of power. They have

Information & Ethics committee  First of all, the law in this area is actually quite well developed. The law, as Professor Kerr is aware, requires companies not only to provide information in their terms of use, for example, and to get individuals to click “I agree”, but you're also required to highlight any im

Information & Ethics committee  But that's the case for all other claimants in society who feel they've somehow been wronged or suffered a loss. When we're dealing with privacy breaches, in some instances they may result in some form of loss, but in the vast majority of instances they may not. And when it's a

Information & Ethics committee  When you go to the Privacy Commissioner's website, for example, you'll see the whole host of findings that she has listed, and in very few instances has she had any trouble whatsoever in convincing an organization that it should somehow change its process. I'd say one of the most

Information & Ethics committee  I can't imagine why the treatment of documents in an investigation would be different for the Privacy Commissioner than in the context of any other examination or ombudsperson model, especially given the context of her role. It's my understanding the commissioner approves and enj

Information & Ethics committee  I can only turn to experience, to the experiences of my members and my own experiences advising businesses on compliance. First of all, I think we need to separate order-making powers from a duty to notify. First, with respect to order-making powers, order-making powers are not

Information & Ethics committee  I think it depends on the perspective you're coming from. With respect to transborder data flow, ITAC members don't believe that amendments are necessary under PIPEDA. The Privacy Commissioner, in two recent decisions--and you're probably familiar with them already--has careful

Information & Ethics committee  Am I aware of any privacy breaches?

Information & Ethics committee  Certainly I come across issues with respect to privacy breaches often. The question is, are these breaches serious, and what do companies do about them? In fact, every organization that I've ever dealt with has always approached the Privacy Commissioner for guidance on what to do

Information & Ethics committee  Good afternoon. My name is Ariane Siegel. I am a partner in the law firm of Gowling Lafleur Henderson, practising in the area of privacy and telecommunications law. I am also the chair of ITAC's privacy task force, and it is in this capacity that I'm addressing you today. As