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Information & Ethics committee  My one comment is that it's important to highlight that the companies that have been mentioned are U.S.-based companies, and the extent to which they even carry on in Canada is something that's in question. If they did, they'd be subject to a considerable set of requirements that

June 19th, 2012Committee meeting

Adam Kardash

Information & Ethics committee  Okay. PIPEDA is grounded upon the constitutional authority in the second branch of the federal trade and commerce power. When initially it came into force, there was some question about the constitutional validity. That dropped off, for reasons unknown to myself. Very recentl

June 19th, 2012Committee meeting

Adam Kardash

Information & Ethics committee  I have nothing further to add, other than to say that the services are free. So they're supported, as reflected in the Office of the Privacy Commissioner's decision in the Facebook investigation, by certain practices and they were found to be in compliance with PIPEDA. To the ex

June 19th, 2012Committee meeting

Adam Kardash

Information & Ethics committee  It's an excellent question. In international forums and global think tanks discussing privacy, one of the emerging issues focuses 100% on consent. The question is actually not whether it should be an express or an opt-in, as you were mentioning, or an opt-out form of consent; the

June 19th, 2012Committee meeting

Adam Kardash

Information & Ethics committee  May I offer a comment? Just by way of background, I've had the opportunity to represent companies across sectors in multiple investigations with the Office of the Privacy Commissioner of Canada. At least in my experience, once an investigation has been commenced, the companies al

June 19th, 2012Committee meeting

Adam Kardash

Information & Ethics committee  Canada doesn't have specific legislation dealing with children's privacy, but by implication.... In PIPEDA there are, among other things, consent rules. Children, and certainly children under the age of 13, would not have the legal capacity to provide their consent. By virtue of

June 19th, 2012Committee meeting

Adam Kardash

Information & Ethics committee  The question's excellent, because it illustrates how you can't address privacy in a meaningful fashion with just an upfront consent process, especially for platforms that get more complicated. There are two approaches to dealing with all sorts of different contexts, not just in

June 19th, 2012Committee meeting

Adam Kardash

Information & Ethics committee  As I mentioned in my remarks, PIPEDA currently establishes, in my view, a very effective model for the protection of privacy in a manner that balances the interests of both individuals and businesses in the course of their collection and use of data in the course of legitimate bu

June 19th, 2012Committee meeting

Adam Kardash

Information & Ethics committee  In my view, the current model and powers are entirely sufficient.

June 19th, 2012Committee meeting

Adam Kardash

Information & Ethics committee  I act for a range of companies in the social media space. They are one company. I am here purely in my personal capacity.

June 19th, 2012Committee meeting

Adam Kardash

Information & Ethics committee  The Office of the Privacy Commissioner of Canada has considered multiple investigations in the social media context, including several involving Facebook. All of them have been resolved to the satisfaction of the Office of the Privacy Commissioner of Canada. They've considered th

June 19th, 2012Committee meeting

Adam Kardash

Information & Ethics committee  Good morning, Mr. Chair and honourable members. Thank you for the opportunity to speak with you today. My name is Adam Kardash. I am a partner at the national law firm of Heenan Blaikie, and chair of the firm's national privacy and information management practice. I am also mana

June 19th, 2012Committee meeting

Adam Kardash