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Information & Ethics committee  I think it's important for the federal commissioner or provincial commissioners to be at the forefront of these types of issues. This is an example of something that's happening perhaps in the employment realm, so perhaps there are some provincial jurisdiction aspects to that, but it has an impact on privacy.

June 13th, 2022Committee meeting

Philippe Dufresne

Information & Ethics committee  There's always going to be a place for consent, and when consent is needed it has to be meaningful. It has to be consent that is informed, and the individuals have to know what's happening and why and have the ability to opt out. There may be situations where consent is not appropriate and it should rather be something that is not permissible in terms of use, that it is not a legitimate use, so we need both.

June 13th, 2022Committee meeting

Philippe Dufresne

Information & Ethics committee  Right. Your last comment, Mrs. Gallant, highlights what was mentioned in this committee in the mobility study as being a culture of “I agree”. It's a culture of clicking “yes” to the policies, because you want to use the technology. I think this is part of making sure that Canadians can use and participate in this digital technology, but not at the cost of their privacy rights.

June 13th, 2022Committee meeting

Philippe Dufresne

Information & Ethics committee  The OPC would be able to do certain things based on authorities that it are given under the act. I would start with the act to ensure that, if it is to require organizations to do such things, and if it is to allow the OPC to be auditing it, that would be the place to start.

June 13th, 2022Committee meeting

Philippe Dufresne

Information & Ethics committee  Maybe I should have mentioned that in the answer to the earlier question from Mr. Green, I believe, on future issues to look at. This is a good example. I would want to learn more about the specific technical aspects of it. You had a discussion, I believe, with Mr. Therrien on that.

June 13th, 2022Committee meeting

Philippe Dufresne

Information & Ethics committee  I would expect and commit to work very collaboratively with those colleagues who do fundamentally important work, and there are some areas of parallel with PIPIDA. In certain provinces it will be the provincial legislation such as in Quebec, B.C. and Alberta. There's a strong need to collaborate with all of the provincial authorities, and we've seen it.

June 13th, 2022Committee meeting

Philippe Dufresne

Information & Ethics committee  The longer-term—

June 13th, 2022Committee meeting

Philippe Dufresne

Information & Ethics committee  I think long-term challenges will focus on the digital innovations we're seeing, on making sure there is the legal framework and on making sure the OPC has the internal expertise to provide good advice on that, in terms of codes of conduct. There have been some discussions on de-identification and the prevention of reidentification.

June 13th, 2022Committee meeting

Philippe Dufresne

Information & Ethics committee  I think this was one of the recommendations in terms of either proactive audits or making sure, when you're dealing with this type of metadata or location-tracking—it was discussed in this committee in the context of the government, but also in terms of a third party—that individuals are aware.

June 13th, 2022Committee meeting

Philippe Dufresne

Information & Ethics committee  I'm not sure that it would be necessarily realistic that the OPC, in every single case, provides approval, but there may be certain cases where it is required, so focusing on that.... The more serious it is, of course, I think the more important it will be to ensure that it is vetted, whether it be by OPC or otherwise.

June 13th, 2022Committee meeting

Philippe Dufresne

Information & Ethics committee  I think there may be situations where it's appropriate. What's important is to have a regime and to have guidelines. I think that's what you've heard from Privacy Commissioner Therrien and others. A joint framework was issued on June 2, I believe that, until there is legislation, here's how it should be done in terms of proportionality, necessity, minimal intrusion and using it in appropriate cases.

June 13th, 2022Committee meeting

Philippe Dufresne

Information & Ethics committee  The problem with self-regulation is that it is about incentives. In some areas, there are regulations and obligations. We have seen situations where there have been inappropriate use or problems with perception. I don't think that self-regulation will give you the confidence that comes with a law regime and that leads to more specific and clearer elements for Canadians.

June 13th, 2022Committee meeting

Philippe Dufresne

Information & Ethics committee  Firstly, I think that trust comes from having a clear legal regime based on a law model. So Canadians know that this regime protects them and that the full responsibility to protect themselves in this new world is not delegated to them. Secondly, this confidence comes from the existence of mechanisms and bodies such as our office.

June 13th, 2022Committee meeting

Philippe Dufresne

Information & Ethics committee  Thank you. Of course, I very much look forward to meeting the team and speaking with all the colleagues. I've looked at the DPR. I think one thing that is top of mind is the fact that, with the extension order for the Privacy Act in July and the expansion of the mandate, there will be an influx of new cases.

June 13th, 2022Committee meeting

Philippe Dufresne

Information & Ethics committee  Well, that's up to—

June 13th, 2022Committee meeting

Philippe Dufresne