Proceedings of the Standing Senate Committee on
Transport and Communications
Issue 7 - Minutes of Proceedings - June 10, 2014
OTTAWA, Tuesday, June 10, 2014
(25)
[English]
The Standing Senate Committee on Transport and Communications met this day at 9:33 a.m., in room 2, Victoria Building, the chair, the Honourable Dennis Dawson, presiding.
Members of the committee present: The Honourable Senators Dawson, Demers, Eggleton, P.C., Furey, Greene, Housakos, MacDonald, Mercer, Plett and Verner, P.C. (10).
In attendance: Dara Lithwick and Terrence Thomas, Analysts, Parliamentary Information and Research Service, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, May 8, 2014, the committee continued its consideration of the Bill S-4, An Act to amend the Personal Information Protection and Electronic Documents Act and to make a consequential amendment to another Act.
WITNESSES:
Industry Canada:
Chris Padfield, Director General, Digital Policy Branch;
John Clare, Director, Privacy and Data Protection Policy Directorate
The chair made an opening statement.
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-4, An Act to amend the Personal Information Protection and Electronic Documents Act and to make a consequential amendment to another Act.
It was agreed that the title stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
It was agreed that clause 2 carry.
It was agreed that clause 3 carry.
It was agreed that clause 4 carry.
It was agreed that clause 5 carry.
The chair asked whether clause 6 shall carry.
The Honourable Senator Furey moved:
That Bill S-4 be amended in clause 6,
(a) on page 5,
(i) by deleting lines 14 to 21, and
(ii) by relettering paragraphs 7(3)(d.2) and (d.3) as paragraphs 7(3)(d.1) and (d.2) respectively;
(b) on page 6, by relettering paragraph 7(3)(d.4) as paragraph 7(3)(d.3); and
(c) on page 7, by adding after line 6 the following:
"(14.1) Section 7 of the Act is amended by adding the following after subsection (3):
(3.1) Except where otherwise expressly provided by law and subject to subsection (3.2), an organization shall notify the individual of any disclosure of his or her personal information made by it under subsection (3), and the purposes for which that disclosure was made, within 60 days of the disclosure.
(3.2) On the application of a government institution, the Court may grant an order that notification under subsection (3.1) be delayed if the Court is satisfied that it is in the public interest to do so.
(3.3) An organization that discloses personal information under subsection (3) during a fiscal quarter of a fiscal year shall, as soon as feasible after the end of that fiscal quarter, submit to the Commissioner a report on the number of disclosures of personal information made by it under subsection (3) during that fiscal quarter, indicating
(a) the total number of disclosures made;
(b) the number of disclosures made in respect of each of the applicable circumstances set out in paragraphs (3)(a) to (h.1); and
(c) the number of disclosures that included each of the following classes of personal information:
(i) name,
(ii) address,
(iii) electronic mail address,
(iv) telephone number,
(v) electronic message content,
(vi) computer data,
(vii) Internet Protocol address,
(viii) Uniform Resource Locator, and
(ix) any other class of personal information specified by the Commissioner.
(3.4) The Commissioner shall make public the name of any organization that submits a report under subsection (3.3), together with the information referred to in paragraphs (3.3)(a) to (c) that is contained in the report.."
Mr. Padfield answered questions.
After debate, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Eggleton, Furey, MacDonald, Mercer — 4
NAYS
The Honourable Senators
Demers, Greene, Housakos, Plett — 4
ABSTENTIONS
The Honourable Senator
Dawson — 1
It was agreed that clause 6 carry, on division.
It was agreed that clause 7 carry, on division.
It was agreed that clause 8 carry, on division
It was agreed that clause 9 carry.
The chair asked whether clause 10 shall carry.
The Honourable Senator Plett moved:
That Bill S-4, in clause 10, be amended by replacing lines 34 to 40 on page 10 with the following:
the breach has occurred.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 10, as amended, carry.
It was agreed that clause 11 carry.
It was agreed that clause 12 carry.
It was agreed that clause 13 carry.
It was agreed that clause 14 carry.
It was agreed that clause 15 carry.
It was agreed that clause 16 carry.
It was agreed that clause 17 carry.
It was agreed that clause 18 carry.
It was agreed that clause 19 carry.
It was agreed that clause 20 carry.
It was agreed that clause 21 carry.
It was agreed that clause 22 carry.
It was agreed that clause 23 carry.
It was agreed that clause 24 carry.
It was agreed that clause 25 carry.
It was agreed that clause 26 carry.
It was agreed that clause 27 carry.
It was agreed that clause 1, which contains the short title carry.
It was agreed that the title carry.
The chair asked whether the bill carry, as amended.
After debate, the question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Demers, Greene, Housakos, MacDonald, Plett — 5
NAYS
The Honourable Senators
Dawson, Eggleton, Furey, Mercer — 4
It was agreed that Bill S-4 be reported with amendment to the Senate.
At 10:10 a.m., the committee adjourned to the call of the chair.
ATTEST:
Daniel Charbonneau
Clerk of the Committee