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Wednesday, May 05, 2004
  Public Safety Act?
At least one reading of this modification to PIPEDA suggests that now the government can ask private enterprises to collect information and disclose it to the government in circumstances where the government would not have enough evidence to justify a warrant to collect the information themselves.

Is it just me, or is this a bad thing?

Here's what the parliamentary summary says:

Clause 98 amends section 7 of the Personal Information Protection and Electronic Documents Act (PIPEDA) to permit the collection and use of personal information by air carriers and other organizations subject to the PIPEDA without the knowledge or consent of the individual, for the purpose of making a disclosure for reasons of national security, the defence of Canada or the conduct of international affairs, or a disclosure required by law.

Organizations subject to the PIPEDA are already authorized to disclose personal information without the individual’s knowledge or consent for reasons of national security, the defence of Canada, the conduct of international affairs, or where otherwise required by law (sections 7(3)(c.1)(i); 7(3)(d)(ii); and 7(3)(i) of the PIPEDA). The proposed amendment clarifies that organizations also have the authority to collect and use information about individuals without their knowledge or consent for the purpose of making such disclosures.

The department points out that the above amendment is particularly required in order to support the data-sharing regimes under proposed sections 4.81(1)(b), 4.82(4)(b) and 4.82(5)(b) of the Aeronautics Act under which Transport Canada officers, RCMP or CSIS designated persons, respectively, may require an air carrier or operator of a reservation system to provide them with passenger information under the air carrier’s or operator’s control, or that comes into their control within 30 days, for specified persons. It is important that the carrier or operator not have to advise or seek the consent of the concerned individual.

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