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Information & Ethics committee  --so if she gets it, my guess is that there'd be something of a reticence to use it. I think that any person in that position, regardless of who the particular commissioner happens to be, would recognize that ordering another government department to act in a certain way is the s

May 15th, 2008Committee meeting

Prof. Michael Geist

Information & Ethics committee  I don't think so. I didn't think we'd be talking copyright, although I'd be happy to do so. I got into a lengthy debate with your colleague Gord Brown, talking about some of those specific issues. I actually think there is a consistency, both with the concern for appropriate pro

May 15th, 2008Committee meeting

Prof. Michael Geist

Information & Ethics committee  I think it's a question better posed to the Privacy Commissioner, who would ultimately be able--

May 15th, 2008Committee meeting

Prof. Michael Geist

Information & Ethics committee  Chicken? With respect, I try to speak authoritatively on the issues I know well. To give you an opinion when there are people who are better situated to give you one isn't the best idea.

May 15th, 2008Committee meeting

Prof. Michael Geist

Information & Ethics committee  Our access-to-information legislation has privacy protections when it comes to particular personal information, so there has already been an attempt to strike that balance. In many instances the media relies on sources, where people provide information at great personal risk, so

May 15th, 2008Committee meeting

Prof. Michael Geist

Information & Ethics committee  As someone who has been the subject of some ATI requests, absolutely. There are appropriate limits within ATI on that, but at the same time, even in those instances, the obligation falls to the individual to show that the information is subject to an exemption, or that the Privac

May 15th, 2008Committee meeting

Prof. Michael Geist

May 15th, 2008Committee meeting

Prof. Michael Geist

Information & Ethics committee  You've put your finger on what may be unquestionably one of the biggest issues, if not the biggest issue, that our private sector companies, global companies, and our government face. And that's the issue of outsourcing, particularly around sensitive data. The issue is particular

May 15th, 2008Committee meeting

Prof. Michael Geist

Information & Ethics committee  Sure. Part of the concern comes from a technological perspective. There was early talk, for example, of requiring an organization to ensure that the information only resided on computer servers based, say, in Canada, so the information would never physically leave the jurisdictio

May 15th, 2008Committee meeting

Prof. Michael Geist

Information & Ethics committee  Well, here we get into this issue of how we're going to describe it. I think it's certainly the case that you could create a power, which isn't the order-making power we were just discussing, that could give the commissioner the power to dispense with say the frivolous complaints

May 15th, 2008Committee meeting

Prof. Michael Geist

Information & Ethics committee  In my mind, it would, yes.

May 15th, 2008Committee meeting

Prof. Michael Geist

Information & Ethics committee  Well, in some ways that's the very question I was asked right off the bat. Do we have no privacy, and get over it, or are there solutions? Unlike the environment we lived in when the Privacy Act was first introduced, where much of the privacy may well have been protected, becaus

May 15th, 2008Committee meeting

Prof. Michael Geist

Information & Ethics committee  Many governments have privacy legislation. From an outsourcing perspective, there have really been two schools of thought. One is the accountability principle that you've heard discussed, the idea that whoever collects that information is accountable for it, wherever it goes, whi

May 15th, 2008Committee meeting

Prof. Michael Geist

Information & Ethics committee  I'm not sure that it's easy to implement security breach disclosure legislation, but it has been implemented effectively in some organizations in the U.S. that are probably equal or quite close in size to the federal government and are located in multiple jurisdictions with clien

May 15th, 2008Committee meeting

Prof. Michael Geist

Information & Ethics committee  I just want to see it. I think it's something that could well be put into the Privacy Act. Whether it appears directly within the Privacy Act or is put into place through stand-alone legislation, either way I think it's long overdue.

May 15th, 2008Committee meeting

Prof. Michael Geist