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Information & Ethics committee Taking off my CBA hat and putting on my private practice hat, one of the differences between a piece of legislation like the Privacy Act and other pieces of legislation is that it's essentially designed to be user friendly. For example, the primary right that's given to citizens
June 3rd, 2008Committee meeting
David Fraser
Information & Ethics committee It's very interesting that you highlight the access to one's own information, which is likely the way the Privacy Act is used most often. It most immediately has an impact on the lives of individuals who are employees of the government, but also individuals who want to know the b
June 3rd, 2008Committee meeting
David Fraser
Information & Ethics committee What it comes down to, ultimately, is that the Privacy Commissioner has scarce resources, scarce staffing, just as every other government department. Also, as of necessity, every individual has a right to make a request for access to their own information, about the existence of
June 3rd, 2008Committee meeting
David Fraser
Information & Ethics committee Recommendation number 2, with respect to a Federal Court oversight, relates specifically, or at least within the four corners of our court, with an ability to order a government department to follow the requirements of the Privacy Act. So it doesn't relate specifically to the enf
June 3rd, 2008Committee meeting
David Fraser
Information & Ethics committee They would have a slightly different procedure under a different statute, the Federal Courts Act, which allows you to seek judicial review of any decision. So it wouldn't amount to an appeal under the Privacy Act.
June 3rd, 2008Committee meeting
David Fraser
Information & Ethics committee In my opening remarks I did list a number of the factors that contribute to our belief that even though the fundamental relationship between the citizen and their government is relatively static, the information management practices, the complexity of the information that's colle
June 3rd, 2008Committee meeting
David Fraser
Information & Ethics committee I don't know the specifics of it. I certainly am aware that the Privacy Commissioner has said that. The Correctional Services of Canada is an institution under the Privacy Act. Individuals would have a right of access to their own information. I certainly have seen instances in
June 3rd, 2008Committee meeting
David Fraser
Information & Ethics committee Are you referring to paragraph 7(3)(c.1) of PIPEDA?
June 3rd, 2008Committee meeting
David Fraser
Information & Ethics committee That particular provision is in PIPEDA, and much of the debate relates to some uncertainty regarding its interpretation. But ultimately, it allows the disclosure of personal information, without consent of the individual, to a law enforcement body or a national security body that
June 3rd, 2008Committee meeting
David Fraser
Information & Ethics committee I don't have them numbered separately.
June 3rd, 2008Committee meeting
David Fraser
Information & Ethics committee Without having turned our minds explicitly to the narrow question of whether the commissioner in this context should have order-making powers in the Privacy Act rather than PIPEDA, the consensus seems to be that in order for there to be proper accountability within the legislatio
June 3rd, 2008Committee meeting
David Fraser
Information & Ethics committee I just want to make sure I fully understand your question.
June 3rd, 2008Committee meeting
David Fraser
Information & Ethics committee There are a number of different models. There's the one that would give the commissioner the power to compel a public body to follow the requirements of the law. Currently it's not the court nor the Privacy Commissioner; it's simply a requirement that every citizen and every empl
June 3rd, 2008Committee meeting
David Fraser
Information & Ethics committee On the philosophy or the difference, you've really hit the nail on the head with respect to the principal differences between the private sector legislation, where it concerns a consensual relationship, and the public sector legislation. When you're dealing with a bank or dealing
June 3rd, 2008Committee meeting
David Fraser
Information & Ethics committee I believe notification was one of the ones the commissioner recommended. We added the general duty to protect personal information and the issue respecting data matching, if my recollection is correct.
June 3rd, 2008Committee meeting
David Fraser