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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