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Information & Ethics committee  The courts don't generally consider that type of information as personal, and we certainly discourage people from using a DOB as a PIN number. DOBs are not considered personal, private, confidential pieces of information. Those are things that are available. PIPEDA isn't about p

February 20th, 2007Committee meeting

Supt Earla-Kim McColl

Information & Ethics committee  I've think you've hit on the important portion we're trying to remedy today, and that is the question of lawful authority. When we deal with companies, we provide them with a facsimile with our letterhead on it and a supervisor's name. Or we have a personal relationship with th

February 20th, 2007Committee meeting

Supt Earla-Kim McColl

Information & Ethics committee  Again, the distinction is important. What we're asking for is not considered protected or personal information. It's tombstone data. These are things like a name or an address, which I can get by talking to your neighbours. I can drive by your house and then go to city hall and f

February 20th, 2007Committee meeting

Supt Earla-Kim McColl

Information & Ethics committee  The important distinction to make is that we are seeking the truth. We go out and ask questions, but we also are governed by privacy rules and regulations. We disclose as little information as possible in order to seek the truth by asking questions. If there is an inadvertent imp

February 20th, 2007Committee meeting

Supt Earla-Kim McColl

Information & Ethics committee  I think I know the case that you're referring to.

February 20th, 2007Committee meeting

Supt Earla-Kim McColl

Information & Ethics committee  It depends on how the investigation commences. If they're acting on the direction of the police, then they're an agent of the state, and there are considerable checks and balances involved. If they're doing it on their own and then they hand it over, then our involvement starts w

February 20th, 2007Committee meeting

Supt Earla-Kim McColl

Information & Ethics committee  I'm sorry, I'm not sure I understood the question well.

February 20th, 2007Committee meeting

Supt Earla-Kim McColl

Information & Ethics committee  In some cases we believe that to be true, based on the fact they host websites that promote adult-child sex. We're never going to get 100%, but I believe this amendment would increase our ratio to 80% or 90%. It would give them the comfort so they could share information with us.

February 20th, 2007Committee meeting

Supt Earla-Kim McColl

Information & Ethics committee  That's correct. The larger organizations are generally cooperative. A significant number of small ones are also cooperative, but there are between 900 and 1,000 Internet service providers in this country. I will advise you that I haven't contacted all of them—we haven't had occas

February 20th, 2007Committee meeting

Supt Earla-Kim McColl

February 20th, 2007Committee meeting

Supt Earla-Kim McColl

Information & Ethics committee  Our wording for section 9 says, “a company shall not disclose any information regarding law enforcement interest without written approval (consent) of the investigator”.

February 20th, 2007Committee meeting

Supt Earla-Kim McColl

Information & Ethics committee  The change is that they don't do it voluntarily, nor do they do it upon request of the client, without consulting with the investigator. If we are seeking that information to perhaps notify next of kin, there certainly wouldn't be any harm in letting the person know.

February 20th, 2007Committee meeting

Supt Earla-Kim McColl

February 20th, 2007Committee meeting

Supt Earla-Kim McColl

Information & Ethics committee  Sometimes it does.

February 20th, 2007Committee meeting

Supt Earla-Kim McColl

Information & Ethics committee  I could make a suggestion. For paragraph 7(3)(c.1), the part with the “lawful authority” and the “may”, we would ask that it stipulate that when a peace officer, acting in the scope of his or her duties, makes a request, that companies are authorized to provide it.

February 20th, 2007Committee meeting

Madam Earla-Kim McColl