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Information & Ethics committee That's not true. For many of the members of the Canadian Marketing Association, it's been effective since 2001. For some of their members it's only been effective since January 1, 2004, but it's been around since 2001, and they all knew about it.
December 6th, 2006Committee meeting
Philippa Lawson
Information & Ethics committee There was one case where we made a complaint against the company, and it was the third time. It had been complained about twice before, and you could determine that.
December 6th, 2006Committee meeting
Philippa Lawson
Information & Ethics committee Well, I think it's fine. I think it's a good idea to have reasonable grounds. I think there is a place, however, for spot audits, like randomized spot checks, if the commissioner has the resources to do that, where it doesn't have to be a company against which there have been sev
December 6th, 2006Committee meeting
Philippa Lawson
Information & Ethics committee I'm not sure. The money they're getting right now, $16 million, is a pretty decent amount of money. I don't have the ability to judge what you can do with that.
December 6th, 2006Committee meeting
Philippa Lawson
Information & Ethics committee There are a number of complaints that are disputes between one individual and one company, and those absolutely are appropriately dealt with through mediation, resolved and settled, and no one's name needs to be published in those cases necessarily. But there are many more, cert
December 6th, 2006Committee meeting
Philippa Lawson
Information & Ethics committee No, I think the release of the corporate name should be after the findings have been made.
December 6th, 2006Committee meeting
Philippa Lawson
Information & Ethics committee I know that for many years PIAC and also CIPPIC have been calling for the naming of organizations that have been found delinquent under the act.
December 6th, 2006Committee meeting
Philippa Lawson
Information & Ethics committee The Competition Act is similar.
December 6th, 2006Committee meeting
Philippa Lawson
Information & Ethics committee Absolutely, and if businesses do, then there is not going to be any problem. What PIPEDA does is it takes an industry code of practice, developed by industry, and just turns it into legislation so that perhaps the minority of bad actors out there are also caught. The good guys ar
December 6th, 2006Committee meeting
Philippa Lawson
Information & Ethics committee Yes. Opt-out consent is absolutely the standard in the marketing industry. It is allowed under PIPEDA.
December 6th, 2006Committee meeting
Philippa Lawson
Information & Ethics committee That's a very good question. It was asked earlier, I think, too. I think it's used in situations where it's inappropriate. I think you can do opt-out consent well if you give people proper notice, if you tell them up front, and if you bring it to their attention, effectively--
December 6th, 2006Committee meeting
Philippa Lawson
Information & Ethics committee I think opt-in is a much better approach, and I think organizations should be using opt-in. I think they're getting away with uninformed consent and consent that's not meaningful consent, because in many cases they're using opt-out and they're not doing it properly.
December 6th, 2006Committee meeting
Philippa Lawson
Information & Ethics committee It doesn't seem to be working. I think the threat of order-making powers might help, but I think organizations are seeing right now a policy of not naming names, so they're feeling quite comfortable that they won't be named.
December 6th, 2006Committee meeting
Philippa Lawson
Information & Ethics committee That's what we found in our study, yes.
December 6th, 2006Committee meeting
Philippa Lawson
Information & Ethics committee Tens of thousand.
December 6th, 2006Committee meeting
Philippa Lawson