Information & Ethics committee  I think the biggest problem with pure choice is that it resolves to an opt-out idiom. The choice is usually given—here are the options, maybe it's given clearly—and if you don't choose one of them, you're in. I can tell you that in the private sector world that's the reality. I

Information & Ethics committee  I would deem meaningful consent...well, understanding, period. In fact, you can look at the recent amendment to PIPEDA in 2015. There's so-called enhanced consent, so read that. I have it chapter and verse in front of me. That's a pretty good description of meaningful consent. It

Information & Ethics committee  In terms of what Ian is talking about, I think, an idiom in the U.S. that has been talked about for a number years is called “do not track”, which is a default setting. It basically says that for all this data collection that you.... Any time somebody goes to a website, data is b

Information & Ethics committee  Could I have 15 seconds to respond?

Information & Ethics committee  I would certainly agree with an enhanced or a conceivable statutory right to be forgotten for children. As you'll see in my brief, I think we have a right to be forgotten. We don't know the scope of it, because there are two cases going to the Supreme Court that will articulate t

Information & Ethics committee  Right.

Information & Ethics committee  Charge them—

Information & Ethics committee  I pulled out the Alberta act, and that's what the Alberta act says now. It says, intentionally breach the provisions of this act. I'm not sure about the Quebec act, but other than that it's the only law we have in Canada that actually imposes fines for breach of the legislation.

Information & Ethics committee  Right.

Information & Ethics committee  If you don't use intent, what are you going to use? We have already, imminently, that it is going to be an offence for failure to report a breach, and that's just failure to report the breach. In part, the response to what you've described is the very substantial scope for du

Information & Ethics committee  Sorry, just repeat the—

Information & Ethics committee  How do you ascertain intention? Is that the issue?

Information & Ethics committee  No, not really. In fact, I've had colleagues who have suggested it may be too weak a threshold. To give you an example of that theory, organizations intentionally take steps to comply with privacy law. They develop privacy policies, procedures, a whole infrastructure. If ultimat

Information & Ethics committee  That is what PIPEDA is. It has 10 principles. It has a useful supplementary explanation, which actually becomes guidance.

Information & Ethics committee  Thank you. I was actually thinking about that as Ian made his case. There are a couple of things. I don't think we disagree in the essence of the ethic we're looking for, which is control. I use that word. That's what our law is right now, it's control of your personal informati