October 15, 2007 Personal Information Protection Act Review PI-173 Title: Monday, October 15, 2007 PIPA Review Committee report was circulated to members during the third week of Septem- Date: 07/10/15 ber, and other meeting minutes were posted on the internal website Time: 9:30 a.m.\ last Tuesday, October 9. As you know, we have this fresh new look [Mrs. Ady in the chair] where we don’t send you volumes of paper. We now get on our The Chair: I think we’ll go ahead and begin because the clock tells laptops and take a look. This is the draft final report of the commit- me that it’s time. I do know that we have at least one more member tee, and our focus today is completing our review of this document joining us. I think he’ll be here momentarily, and I’m not certain on so that we can adopt the report and complete our mandate. the other two. One, I know, sent regrets, had a scheduling conflict. To begin with, let’s take a look at the agenda. Do all members see I’d like to thank all committee members for rejoining in what that? Can someone please move the adoption of today’s agenda. might be our final meeting of this particular committee, depending Ray Martin. All in favour? Moved by Ray Martin that the agenda on how the work goes today. I don’t know. We’ll see, but for sure for the October 15, 2007, meeting of the Select Special Personal we’re hitting what I’ll call near the end of the process. As we Information Protection Act Review Committee be adopted as anticipate a sit coming here fairly shortly, it would be nice to know circulated. No revisions, I’m assuming. We’ve already voted. that we can report back under the time that was allotted us to do our I would like someone to move the adoption of the minutes from work. Anyway, we’ll see how today proceeds. our last few meetings. Now, as you notice, we’ve had several, and I’m supposed to ask everyone to introduce themselves for the I have to have a separate motion for each set of minutes. The first record, so I think we’ll begin down on this corner of the table and one would be May 1. Do I see someone that would adopt May 1 move this way. meeting minutes? Anyone have them in front of them? Ty Lund. All those in favour? Mrs. Kamuchik: Good morning, everyone. It’s Louise Kamuchik, June 21. Would someone please adopt the June 21 meeting Clerk Assistant, director of House services. minutes? Ms Sales: Tracey Sales, communications consultant with the Mr. Graydon: So moved. Legislative Assembly Office. The Chair: Gord Graydon. All those in favour? Mr. MacDonald: Hugh MacDonald, Edmonton-Gold Bar. Good The minutes for June 27. Would someone move the adoption of morning. the meeting minutes for June 27? Denis Ducharme. All those in favour? Mr. Lund: Ty Lund, Rocky Mountain House. August 8 meeting of the Select Special Personal Information Protection Act Review Committee be adopted as circulated. Would Mr. VanderBurg: George VanderBurg, Whitecourt-Ste. Anne. a member please move those? I see David Coutts. All those in favour? Okay. Mr. Ducharme: Denis Ducharme, Bonnyville-Cold Lake. We’ll move on: business arising from the last meeting. There was a request for copies of the 2006-2007 annual report of the Informa- Mr. McFarland: Barry McFarland, Little Bow. tion and Privacy Commissioner. At our last meeting there was a request made for this copy. The 2006-2007 annual is not yet The Chair: I am Cindy Ady, Calgary-Shaw. available. The committee clerk provided a link to the previous year’s report for all members. Since this was for information Ms Rempel: Jody Rempel, committee clerk, Legislative Assembly purposes only, there is no motion necessary. Office. I’d like to begin by having a discussion of the draft final report. As we’re nearing the end of the process, the technical team provided Mr. Coutts: Good morning. Dave Coutts, Livingstone-Macleod. a draft final report several weeks ago for our review. As I under- stand it, when drafting the recommendations in the report, the Mr. Webber: Hello. Len Webber, Calgary-Foothills. technical team has in some cases not used the wording in the motions made by the committee. This rewording was done to Mr. Martin: Ray Martin, Edmonton-Beverly-Clareview. improve the clarity of the recommendations. Hilary will provide an explanation of what needs to be done and have other staff present Ms Adhopia: Preeti Adhopia, office of the Information and Privacy certain matters. Commissioner. Hilary. Mr. Thackeray: Tom Thackeray, Service Alberta. Ms Lynas: Thank you. Ms Lynas: Hilary Lynas, Service Alberta. The Chair: Sorry. Mr. MacDonald. Ms Lynn-George: Jann Lynn-George, Service Alberta. Mr. MacDonald: Madam Chair, could I get an explanation from Ms Swanek: Amanda Swanek, Service Alberta. you, please? In the draft report on page 51 recommendations 24 and 25 have been omitted on the list from appendix C, yet they’re Ms Kreutzer Work: Kim Kreutzer Work, Service Alberta. included in the draft report. What is the reason for that? The Chair: For the record we see that Gord Graydon from Grande The Chair: Could we get an explanation? Yes, please. Prairie-Wapiti has joined us. Welcome. Okay. Just a few housekeeping items for the record. The draft Ms Lynas: Sure. In the list that’s included in appendix C, we group PI-174 Personal Information Protection Act Review October 15, 2007 the recommendations. The first group is recommendations for 9:40 amendment to the act. Then the next group is recommendations for The Chair: Okay. The committee has in front of it a document that other action; that was mainly to consult with another department or shows some different options, but before we look at those options, level of government. The last category was where the committee are there any questions regarding this issue? made a recommendation not to make a change to the act, and 24 and 25 are in that list. The list at the end is not in numerical order Mr. Ducharme: Madam Chairman, I believe I had debated that at because we did put it in those categories. the time when it was brought forward to the committee. I don’t have a copy of the Hansard. I was wondering if there would be a copy of Mr. MacDonald: If I’m understanding this correctly, those are the the Hansard that would be readily available so that we can just go ones that were not unanimously supported by the committee. back? Ms Lynas: Numbers 24 and 25 are included on page 54 under the Ms Lynn-George: It’s August 8, page 169. category of no change recommended to the act. They’re included in the report, but just the list at the back is not in true numerical order. The Chair: Are there copies of it available that we could just pull? Mr. MacDonald: Excellent. Thank you. Ms Lynn-George: We didn’t distribute them, but I have it here. The Chair: Any other questions? The Chair: The clerk tells me that she can pull it up and print it. Then we’ll turn the time over to Hilary. Would we like to take a break for five minutes while we wait for that document? Okay, everybody, run and go get some coffee for five Ms Lynas: Okay. Under this agenda item we provided three minutes. We’ll be back with printed documents for you. documents. In order to get to discussing the report, I propose that we move from the specific issue to the more general. [The committee adjourned from 9:42 a.m. to 9:47 a.m.] The first document relates to a single recommendation, 46. The second is a table showing where we have reworded a recommenda- The Chair: I’d like to call the committee back to order if possible. tion from a motion that was in Hansard. This was done with the We’ve lost a committee member, but I think he’ll be back. intent of making the recommendation clearer, keeping in mind that Mr. Ducharme, have you been able to take a look at Hansard? many recommendations need to be turned into drafting instructions at some point. The last document is the report itself. We wrote the Mr. Ducharme: Yes. I saw that I moved it. In light of there not report with a business audience in mind and tried to avoid technical being a lot of wordage there to help us, we have to recollect our past language and jargon as much as possible. We’re looking forward to thoughts here. Just a moment, please. hearing the committee’s comments on those. If we go back to the first document, this recommendation was The Chair: Okay. We’ll just pause for another few moments. somewhat unclear to us, and we felt it necessary to bring it up today. As written, the recommendation includes an “and/or” clause. We’re Mr. Ducharme: Madam Chair, if I recall the debate that took place seeking clarification on whether this was the committee’s intention at the time, we as a committee felt that if there was going to be a fine or whether the recommendation should be limited to one thing or the that was going to be imposed on someone – and I think the technical other. staff indicated that there were very few times that fines had been I’m going to turn it over to Jann.