Law Times

Page 12 March 19, 2018 • Law TiMes www.lawtimesnews.com FOCUS it may be used is no easy feat for a lawyer. And companies aren't entirely sure how they could best be transparent about what they do with that information, she adds. Canada's privacy legislation was also drafted when concepts such as data analytics, machine learning and artificial intelli- gence were in their infancy. Thompson says "some form of consent is necessary," and she's not sure if there is cur- rently a model that works when it comes to granting consent. "The technology has really outpaced it. The notion of con- sent really hasn't kept up with how we are starting to conduct our world," she says. PIPEDA — federal legisla- tion that governs how private sector organizations collect, use and disclose personal informa- tion in the course of commercial business — offers the right for consumers to access their infor- mation. However, Thompson says, this can be difficult for corpora- tions who keep layers of infor- mation across many IP infra- structures on different servers in various locations. This can be duplicated and backed up elsewhere, she says. "[T]he value of information has increased exponentially over the past five to 10 years and PIPEDA didn't really contem- plate that," she says. With data crossing so many sectors, Thompson sees the need for a concerted effort across multiple stakeholders to un- derstand what privacy solution makes sense. That may not necessarily re- quire the need for international consensus, she says. Neither does she see a need for a regime of privacy specific to the con- nected vehicle, because that's such a departure from existing law. Consumers are often willing to give up aspects of their pri- vacy in exchange for the many conveniences the technology al- lows them, she says. "Most of next year's mod- els of connected vehicles will include those convenience fea- tures, like onboard dictation, various geo-location-type func- tions, all sorts of nifty things like that," she says. "Most of them have a high consumer appeal because of the convenience factor. Because of that, most consumers tend to adopt them." Moysa says that, in theory, the current privacy legislation should be capable of dealing with the privacy issues presented by the driverless vehicle. He says that PIPEDA's stan- dard, based on what a reasonable person considers appropriate in the circumstances, is an objec- tive standard. Moysa says what Canadi- ans think is reasonable now, for instance, may have once been considered an invasion of our privacy. "We live in a different world now and I suspect that a lot of people might be more cognizant of the fact that they are, every day, trading off their privacy for convenience," he says. "They might consider the type of information sharing be- tween systems about preferences, browser history and shopping history are acceptable [or] at least reasonable in the circumstances as sort of the price of living in a connected world." LT requires an app to use a cam- era function, for instance. That notice could prove to be more meaningful given that it appears in context, perhaps providing a more meaningful illustration of why that access is necessary. Mee says what works for one application when it comes to consent might not work for a newer app that operates in a dif- ferent way. "I think privacy is becoming more of an important issue; peo- ple are becoming more aware of it," says Mee. She says it's "higher on the list of important things to think about," especially with the Euro- pean Union's General Data Pro- tection Regulation coming into force this year, and that "organi- zations are really turning their minds to it." There is indication that Can- ada's privacy rules will continue to evolve. In February, the privacy com- missioner received support from the House of Commons Stand- ing Committee on Access to In- formation, Privacy and Ethics. In its report tabled in the House of Commons, Towards Privacy by Design: Review of the Personal Information Protec- tion and Electronic Documents Act, the committee concluded that there is a demonstrated need to grant the office of the privacy commissioner addition- al enforcement powers. "[T]he Committee believes there is a demonstrated need to grant the Privacy Commission- er enforcement powers related to PIPEDA," said the report, in- cluding a recommendation that PIPEDA "be amended to give the Privacy Commissioner en- forcement powers, including the power to make orders and im- pose fines for non-compliance." As world competition for business increases, Fekete sees a need for the continuing discus- sion of Canada's privacy laws. "I think we need an ongoing debate and we need to ensure laws in Canada provide f lex- ibility that we see in other juris- dictions, so, from an economic standpoint, we aren't seeing our leading technology or AI com- panies relocate to other jurisdic- tions where there's a more per- missive approach to using data to advance their commercial interests," he says. "It's always a balance and balance is key." LT Continued from page 10 Indication that rules will continue to evolve Consumers prioritize convenience over privacy Continued from page 11 The 2018 Lexpert Zenith Awards celebrate mid-career excellence in the legal profession. You can support these achievements while networking with winners and leading members of the legal profession at an elegant cocktail reception and dinner gala in Toronto. Date: June 19, 2018 Location: Arcadian Court, Toronto 6 p.m. Cocktail Reception 7 p.m. Gala Dinner and Awards Presentation Business attire To book your attendance or to inquire about sponsorship, contact us at 416-649-8841 or MediaSolutions.Sales@thomsonreuters.com Lexpert.ca/zenith Bronze Sponsor HOSTED IN PARTNERSHIP WITH Celebrating Mid-Career Excellence Untitled-4 1 2018-03-13 9:17 AM

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