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Information & Ethics committee  Under the Privacy Act as it's currently structured, it's my understanding that it is not. I believe there is case law whereby if you return to Canada on an aircraft, information from that form you fill out is matched against information in the EI database to determine whether or

June 3rd, 2008Committee meeting

David Fraser

Information & Ethics committee  My recollection is the courts found that to be lawful. What we're talking about is not just those particular examples, because data matching can be used for any number of purposes, both in the law enforcement context or immigration enforcement, and in other contexts as well. We'

June 3rd, 2008Committee meeting

David Fraser

Information & Ethics committee  Your question had a number of elements. I would like to break them down. With respect to things that happened after 9/11 and our correcting them as we move on, we believe that this is part of this correction. I'll try to address the balance of your question. Ultimately, this is

June 3rd, 2008Committee meeting

David Fraser

Information & Ethics committee  You'll notice in our submission that we didn't rank them or say that this one was more important than the other. Without having asked the question to the group that put together the report and consulted with the members of the subsections involved in its production, I would hesit

June 3rd, 2008Committee meeting

David Fraser

Information & Ethics committee  What we are looking at is a situation with privacy legislation where you're trying to anticipate and put in place rules that are going to be applied—or hopefully are going to be applied—in a huge diversity of circumstances. So almost by necessity, there has to be language that ta

June 3rd, 2008Committee meeting

David Fraser

June 3rd, 2008Committee meeting

David Fraser

Information & Ethics committee  The privacy impact assessment framework that has been put out by Treasury Board I think reflects a lot of thought that went into it, and I think there is no information to suggest that it's not being properly implemented. I think what this recommendation reflects is that it's a v

June 3rd, 2008Committee meeting

David Fraser

Information & Ethics committee  We have recommended, in concurrence with the Office of the Privacy Commissioner of Canada, that in the event it is reasonably considered that it would not ultimately be advantageous to take a question or inquiry to a full investigation and ultimately to a report, the Privacy Comm

June 3rd, 2008Committee meeting

David Fraser

Information & Ethics committee  There are similar provisions. In my own experience and understanding, courts are asked from time to time to consider somebody as a vexatious litigant, so they are not able to file complaints, lawsuits, or other process with the court, except with the permission of the chief justi

June 3rd, 2008Committee meeting

David Fraser

Information & Ethics committee  I'm absolutely confident that particular scenario didn't go before the committee that developed these recommendations. What we recommended was a framework so that the government departments in question, subject to oversight or consultation with the Privacy Commissioner, could mak

June 3rd, 2008Committee meeting

David Fraser

Information & Ethics committee  I practise privacy law and information technology and IP law.

June 3rd, 2008Committee meeting

David Fraser

June 3rd, 2008Committee meeting

David Fraser

Information & Ethics committee  Within the current legislative scheme, yes.

June 3rd, 2008Committee meeting

David Fraser

Information & Ethics committee  Well, there are guidelines with respect to that.

June 3rd, 2008Committee meeting

David Fraser

Information & Ethics committee  With respect to the particular matters enumerated within this?

June 3rd, 2008Committee meeting

David Fraser