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Industry committee  No, I don't see that. I don't see that kind of prohibition. If a consumer needs to contact the retail organization, they can do so. Again, if somebody purchases an expensive television and they're giving their e-mail address to the company, there's going to be a notice provision

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  Well, the do-not-call list, so complaints about the do-not-call list, would have gone to the CRTC in that case. But if your question is whether we anticipate a flood of complaints about address harvesting, for example, I think it might be difficult, in a lot of cases, for individ

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  I think it's very useful to have a review process built into the statute. It is a very good process, especially when you're dealing with legislation as new as anti-spam for Canada. We had a very thorough and good review process, as you know, in PIPEDA. We're waiting for perhaps

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  As I said, the amendments to PIPEDA in the ECPA affect all of our collection, use, and disclosure of personal information across the board, not just spam. We often get complaints where someone is complaining about an incident that happened three years ago. It's very difficult to

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  We've never had the capacity to refer complaints in this way. We're looking forward to the passage of this bill so we can do that. But, yes, indeed we will track the referrals of our complaints and probably give a heads-up to that organization that a complaint is coming their way

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  I understand, and I think it will be very important for us to have this coordinating agency so that it is one-stop shopping and so the public doesn't get confused and referred around and around.

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  Hedy Kirkby is going to answer this difficult legal question.

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  I think we would obviously work in partnership with the CRTC, Industry Canada, and the Competition Bureau, but in our experience, we have found that public education and compliance education for businesses are critical to making this work. We would definitely have our fact shee

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  I can, because we're an ombudsman. The AMPs doesn't apply. There are no penalties under PIPEDA.

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  My former realtor always brings me a big basket of goodies at Christmastime; I would say to add a notification and a consent to that basket. It's true that the implied consent provision in the ECPA would expire after 18 months. It wouldn't carry on for years and years. I would r

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  That's correct. Then the individual would have the option of opting out of that somewhere along the line. I think that's the proper way to conduct business in a respectful way.

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  We don't anticipate carrying out a great deal of investigations under this legislation. We feel that the CRTC and the Competition Bureau will probably get the lion's share of investigative work. So we don't suspect that there will be a great deal. In terms of the funding necessa

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  I don't concur with that view. In the experience of our office, we have investigated, I think, seven or eight complaints about harvesting e-mail addresses. The difficulty in investigating those complaints is that there is ambiguity in PIPEDA as to when express consent or when i

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  Our collaboration with provincial counterparts and international counterparts requires information-sharing agreements. Those will be established. It's based on information-sharing between other data protection commissioners who operate internationally and also in the provinces.

June 18th, 2009Committee meeting

Elizabeth Denham

Industry committee  Thank you for the question. Our mandate and responsibilities under PIPEDA don't change under this act. Our powers don't change under the act. So I don't see significant changes in the operations of the Office of the Privacy Commissioner. We do have the ability, under ECPA, to i

June 18th, 2009Committee meeting

Elizabeth Denham