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Information & Ethics committee  It's the question of consent and ensuring that it is in fact meaningful consent, informed consent. We're very concerned about attempts to expand implied consent where you ought to have known that we would be using this. Somebody is saying “I agree” in order to use a service or

February 16th, 2017Committee meeting

Vincent Gogolek

Information & Ethics committee  Yes, or sometimes there's more.

February 16th, 2017Committee meeting

Vincent Gogolek

Information & Ethics committee  Better than live.

February 16th, 2017Committee meeting

Vincent Gogolek

Information & Ethics committee  As an organization we don't have an official position on the right to be forgotten. We are not intervenors in either the Equustek-Google case or the Facebook case. In our submission to the Privacy Commissioner's consultation, we did set out some conditions that are important and

February 16th, 2017Committee meeting

Vincent Gogolek

Information & Ethics committee  My apologies first of all, but I'm strictly limited to your 2:30 deadline because we're having a bit of a problem out here in British Columbia with a privacy breach, strangely enough, one that affects both the public and the private sectors. So, I will have to go at 2:30. I wil

February 16th, 2017Committee meeting

Vincent Gogolek

Information & Ethics committee  The charter is more overarching. I'm a little reluctant to try to interpret somebody else's argument that I just saw in terms of the transcript, having read it once. I thought it was interesting, but I would really have to take a look at it. I can speak to our experience in B.C.,

October 20th, 2016Committee meeting

Vincent Gogolek

Information & Ethics committee  There are independent remedies in the charter for a breach, and of course we have privacy rights in the charter in sections 7 and 8. That would be independent of anything to do with the actual Privacy Act itself in terms of something being necessary. When you have a charter bre

October 20th, 2016Committee meeting

Vincent Gogolek

Information & Ethics committee  I think the Spencer case provided a very good guideline to us in terms of the importance of metadata and in terms of it being personal information that is protected. I know that some parts of the law enforcement and security communities would rather Spencer had been decided a di

October 20th, 2016Committee meeting

Vincent Gogolek

Information & Ethics committee  It's authorized by any law.

October 20th, 2016Committee meeting

Vincent Gogolek

Information & Ethics committee  It is confusing, and I think the government itself is confused, because in its backgrounder to the green paper on national security and Bill C-51, it talks about that very problem. At one point it says that because the act authorized disclosure, it satisfies paragraph 8(2)(b), wh

October 20th, 2016Committee meeting

Vincent Gogolek

Information & Ethics committee  I don't disagree with Madam Bernier, but I think that including the necessity in the act itself works along the same lines as the Oakes test for proportionality. It has that aspect to it, because that's the way we generally interpret things.

October 20th, 2016Committee meeting

Vincent Gogolek

Information & Ethics committee  In our experience, companies that have the black boxes absolutely do not want anybody to know anything about it. A lot of times they're in a competitive situation and that's understandable, but I think there's a difference between knowing exactly how you make the box actually wor

October 20th, 2016Committee meeting

Vincent Gogolek

Information & Ethics committee  Part of it is that the government has a lot of purchasing power. A lot of companies want to sell to government. Their contracts are subject to freedom of information legislation. If they were dealing with another company, that would not be an issue for them. Some companies may no

October 20th, 2016Committee meeting

Vincent Gogolek

Information & Ethics committee  We presented yesterday, so I guess we're—

October 20th, 2016Committee meeting

Vincent Gogolek

Information & Ethics committee  We talked about this earlier in the context of the Access to Information Act. There are quasi-criminal penalties for interfering with access rights. What needs to happen is some sort of sanction so that people treat these as actual rights and not as helpful suggestions that you

October 20th, 2016Committee meeting

Vincent Gogolek