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Information & Ethics committee  I suppose it could be done. It would go against what most people who appeared before this committee have said, including the Privacy Commissioner of British Columbia. He made some significant remarks about this principle called “technological neutrality”, which to some extent is

December 11th, 2006Committee meeting

Ian Kerr

Information & Ethics committee  Obviously, from my previous remarks, it's clear that I share some of your concerns with respect to the consumer protection aspect of this. Quite frankly, I'm surprised that the recommendation I was putting forward is somehow thought to be extraordinary in any way. With this recom

December 11th, 2006Committee meeting

Ian Kerr

December 11th, 2006Committee meeting

Ian Kerr

Information & Ethics committee  One of the things I said right in the closing part of my remarks, as a recommendation, was with respect to order-making power, which we've talked a bit about so far today. I did not in any way suggest that the commissioner currently has that power.

December 11th, 2006Committee meeting

Ian Kerr

Information & Ethics committee  I would like to comment on that, if you'd let me. I came to hear the commissioner speak, and I also heard Commissioner Loukidelis from British Columbia speak. I've also been sort of following what's been going on online with people who are discussing these proceedings on blogs.

December 11th, 2006Committee meeting

Ian Kerr

December 11th, 2006Committee meeting

Ian Kerr

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.

December 11th, 2006Committee meeting

Ian Kerr

Information & Ethics committee  There are several recommendations.

December 11th, 2006Committee meeting

Ian Kerr

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

December 11th, 2006Committee meeting

Ian Kerr

Information & Ethics committee  I would suspect--

December 11th, 2006Committee meeting

Ian Kerr

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

December 11th, 2006Committee meeting

Ian Kerr

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

December 11th, 2006Committee meeting

Ian Kerr

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

December 11th, 2006Committee meeting

Ian Kerr

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

December 11th, 2006Committee meeting

Ian Kerr

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.

December 11th, 2006Committee meeting

Ian Kerr