Today marked the fifth day of PIPEDA hearings with the Canadian Marketing Association and FETCO (Federally Regulated Employers Transportation and Communication) taking centre stage. The gist of today's discussion from the witnesses – no order making power, cautious approach on security breach disclosure, and cut back on employee privacy rights. The MPs have begun to settle into specific issues with the Conservative members focused on the compliance costs, while the opposition members more receptive to enhanced privacy rights within PIPEDA. Shiran Sabari provides a complete look at the discussion:
Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh
Privacy
PIPEDA Hearings – Day 05 (CMA, FETCO)
PIPEDA Hearings – Day 04 (B.C. Privacy Commissioner Loukidelis and Professor Val Steeves)
Wednesday's PIPEDA hearing featured B.C. Privacy Commissioner David Loukidelis and University of Ottawa professor Val Steeves. Commissioner Loukidelis went even further than the federal privacy commissioner in downplaying significant change. Loukidelis downplayed his order making power (a last resort), security breach notification (more evidence on impact needed), and even the concerns associated with cross-border transfers to the U.S. (can always pick a different private sector company). Professor Steeves highlighted the privacy challenges posed by new technologies and offered some specific reform recommendations. Natalie Senst was in attendance on Wednesday afternoon and she filed the following report:
PIPEDA Hearings – Day 03 (Privacy Commissioner of Canada)
The Privacy Commissioner of Canada appeared before the committee on Monday in what is likely to be the first of two appearances (she indicated she would return at the end of the hearings). While the Commissioner asked for security breach disclosure legislation and identified cross-border data transfers as a concern, the big story of the day is that she effectively killed the prospect of order-making power. A shift toward order-making power was raised in both prior hearings and is likely to surface again when several privacy advocates appear before the committee. My guess is that the issue is now dead – the Commissioner opened by stating that she was not seeking any additional enforcement powers.
The move took committee members by surprise – several asked for clarification or reasons behind the decision. The Commissioner indicated that order making power raised other concerns and that it was premature to change the PIPEDA framework. With order making power likely finished (the committee is not going to add order making power if the Commissioner and the Industry Minister don't want it), the key remaining issues to look out for are security breach disclosure, cross-border transfers, the costs of PIPEDA to small business (a big concern for the Conservative members of the committee), and questions around the definition of "work product."
A full review of the day's events, thanks to Kathi Simmons, follows.
PIPEDA Hearings – Day 02 (B.C. Privacy Experts)
The second day of PIPEDA hearings featured two privacy experts from B.C. – Richard Rosenberg of the B.C. Freedom of Information and Privacy Association and Professor Colin Bennett of the University of Victoria. The discussion interestingly focused on several issues that I highlighted in my article this week including naming names and order making power. Thanks to Kathi Simmons and Shiran Sabari, below is full look at the day's discussion.
PIPEDA Hearings – Day 01 (Industry Canada)
Given the delay between parliamentary committee hearings and the release of transcripts, several of my research students have graciously agreed to sit in on the hearings and take notes. Yesterday's hearings featured four representatives from Industry Canada who were asked to provide a "PIPEDA 101" review. From the notes, it is clear that many committees members expected more, as several requests for recommended amendments were refused with the Industry Canada representatives deferring to the Minister. While it is not clear that Industry Minister Maxime Bernier expected to appear at these hearings, the Committee Chair indicated that he would be called.
The hearings also provided an update in the Quebec constitutional challenge to PIPEDA. The most recent development is apparently Quebec's filing of an affidavit in July 2006, so the case is still alive. Some committee members expressed surprise at the fact that the case has been outstanding for three years.
The key comments and questions, thanks to Natalie Senst, are posted below:
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