DEBATES and PROCEEDINGS
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Third Session - Thirty-Eighth Legislature of the Legislative Assembly of Manitoba DEBATES and PROCEEDINGS Official Report (Hansard) Published under the authority of The Honourable George Hickes Speaker Vol. LVI No. 53A - 10 a.m., Thursday, May 26, 2005 MANITOBA LEGISLATIVE ASSEMBLY Thirty-Eighth Legislature Member Constituency Political Affiliation AGLUGUB, Cris The Maples N.D.P. ALLAN, Nancy, Hon. St. Vital N.D.P. ALTEMEYER, Rob Wolseley N.D.P. ASHTON, Steve, Hon. Thompson N.D.P. BJORNSON, Peter, Hon. Gimli N.D.P. BRICK, Marilyn St. Norbert N.D.P. CALDWELL, Drew Brandon East N.D.P. CHOMIAK, Dave, Hon. Kildonan N.D.P. CULLEN, Cliff Turtle Mountain P.C. CUMMINGS, Glen Ste. Rose P.C. DERKACH, Leonard Russell P.C. DEWAR, Gregory Selkirk N.D.P. DOER, Gary, Hon. Concordia N.D.P. DRIEDGER, Myrna Charleswood P.C. DYCK, Peter Pembina P.C. EICHLER, Ralph Lakeside P.C. FAURSCHOU, David Portage la Prairie P.C. GERRARD, Jon, Hon. River Heights Lib. GOERTZEN, Kelvin Steinbach P.C. HAWRANIK, Gerald Lac du Bonnet P.C. HICKES, George, Hon. Point Douglas N.D.P. IRVIN-ROSS, Kerri Fort Garry N.D.P. JENNISSEN, Gerard Flin Flon N.D.P. JHA, Bidhu Radisson N.D.P. KORZENIOWSKI, Bonnie St. James N.D.P. LAMOUREUX, Kevin Inkster Lib. LATHLIN, Oscar, Hon. The Pas N.D.P. LEMIEUX, Ron, Hon. La Verendrye N.D.P. LOEWEN, John Fort Whyte P.C. MACKINTOSH, Gord, Hon. St. Johns N.D.P. MAGUIRE, Larry Arthur-Virden P.C. MALOWAY, Jim Elmwood N.D.P. MARTINDALE, Doug Burrows N.D.P. McGIFFORD, Diane, Hon. Lord Roberts N.D.P. MELNICK, Christine, Hon. Riel N.D.P. MITCHELSON, Bonnie River East P.C. MURRAY, Stuart Kirkfield Park P.C. NEVAKSHONOFF, Tom Interlake N.D.P. OSWALD, Theresa, Hon. Seine River N.D.P. PENNER, Jack Emerson P.C. REID, Daryl Transcona N.D.P. REIMER, Jack Southdale P.C. ROBINSON, Eric, Hon. Rupertsland N.D.P. ROCAN, Denis Carman P.C. RONDEAU, Jim, Hon. Assiniboia N.D.P. ROWAT, Leanne Minnedosa P.C. SALE, Tim, Hon. Fort Rouge N.D.P. SANTOS, Conrad Wellington N.D.P. SCHELLENBERG, Harry Rossmere N.D.P. SCHULER, Ron Springfield P.C. SELINGER, Greg, Hon. St. Boniface N.D.P. SMITH, Scott, Hon. Brandon West N.D.P. STEFANSON, Heather Tuxedo P.C. STRUTHERS, Stan, Hon. Dauphin-Roblin N.D.P. SWAN, Andrew Minto N.D.P. TAILLIEU, Mavis Morris P.C. WOWCHUK, Rosann, Hon. Swan River N.D.P. 2985 LEGISLATIVE ASSEMBLY OF MANITOBA Thursday, May 26, 2005 The House met at 10 a.m. Mr. Leonard Derkach (Official Opposition House Leader): Yes, Mr. Speaker. I was wondering PRAYERS whether or not I could seek leave of the House to ask that we proceed to second readings first, with Introduction of Guests Bill 200 I believe it is. Mr. Speaker: Order. Prior to proceedings, I Mr. Speaker: Is there leave of the House to proceed would like to draw the attention of all honourable with second readings of public bills, Bill 200 first. members to the public gallery, where we have Is there leave of the House? [Agreed] with us today Nicole Jowett. This visitor is the guest of the honourable Member for Charleswood SECOND READINGS–PUBLIC BILLS (Mrs. Driedger). Bill 200–The Personal Information Protection Act Also in the public gallery we have, from École Springfield Heights School, 16 Grade 6 students Mrs. Mavis Taillieu (Morris): I move, seconded by under the direction of Mr. Camil Hamel. This school the member from Southdale, that Bill 200, The is located in the constituency of the honourable Personal Information Protection Act; Loi sur la Member for Rossmere (Mr. Schellenberg). protection des renseignements personnels, be now read a second time and be referred to a committee of this House. Also in the public gallery we have with us from Prairie Rose Elementary School, 26 Grades 5 and 6 Mr. Speaker: It has been moved by the honourable students, under the direction of Mrs. Patti Duncan. Member for Morris, seconded by the honourable This school is located in the constituency of the Member for Southdale (Mr. Reimer), that Bill 200, honourable Member for Inkster (Mr. Lamoureux). The Personal Information Protection Act, be now read a second time and be referred to a committee of On behalf of all honourable members, I welcome this House. you all here today. Mrs. Taillieu: Mr. Speaker, I am very pleased today to speak to Bill 200, The Personal Information ORDERS OF THE DAY Protection Act. It is my first private member's bill. PRIVATE MEMBERS' BUSINESS "Privacy is a right, and many believe that it is a fundamental human right." This is a quote from a DEBATE ON SECOND READINGS– report by the former Ombudsman, Barry Tuckett, PUBLIC BILLS entitled "Respecting Privacy, A Compliance Tool for Manitoba's Information Privacy Laws," released in Bill 201–The Legislative Assembly October of 2003. Amendment Act As the critic for Culture, Heritage and Tourism at the time, The Freedom of Information and Mr. Speaker: Resume debate on second reading, Protection of Privacy Act fell within that depart- public bills, Bill 201, The Legislative Assembly ment. I read this report with interest, and along with Amendment Act, standing in the name of the my own personal convictions regarding privacy honourable Member for Pembina (Mr. Dyck). protection and issues, it was the catalyst for this private member's bill to protect people's personal Point of Order information. Mr. Speaker: The honourable Official Opposition It was shortly after this that the federal House Leader, on a point of order? legislation, the protection of personal information 2986 LEGISLATIVE ASSEMBLY OF MANITOBA May 26, 2005 electronics document act came into force in January others. Under The Freedom of Information and of 2004, respecting the collection, use and disclosure Protection of Privacy Act, public bodies, including of personal information in the course of commercial hospitals, universities and colleges, are covered, but activity, including provincially regulated organi- there is no coverage of employees in the private zations, in the absence of substantially similar sector. provincial legislation. The federal law, and I will refer to that as It was at this time that I met Brian Bowman, PIPEDA, P-I-P-E-D-A, which is an acronym, who is a privacy lawyer with the privacy law group protects those regulated under federal legislation of Pitblado Barristers & Solicitors, and who had and provincially regulated private sectors, but just started a series of articles on privacy issues since it was enacted under the federal government's called "On the Cutting Edge," which still run in the jurisdiction over trade and commerce, the law only Winnipeg Free Press. Brian also serves as secretary applies to commercial activity. So, if you are a of the National Privacy and Access Law Section of business conducting commercial activity, when you the Canadian Bar Association. collect and disclose and use personal information, that information that you would give to a company is Over the course of this last year, Brian Bowman, protected under federal legislation. There would be along with Melanie Bueckert, also of Pitblado, have some protection against people using that personal provided assistance in drafting this bill, and I would information and selling it to another organization say that Brian Bowman has spent countless personal such as a telemarketer. hours on this legislation. So we know that it has been done by an expert, as Brian is one of the most I want to address the issue of identity theft, and, respected privacy lawyers in Manitoba, and I would I think today the front page of the Free Press said, like to give him full credit for drafting this Bill 200, "Huge identity theft feared; Personal data of a made-in-Manitoba approach to privacy. thousands stolen from city company." My bill, this Personal Information Protection, Bill 200, seems to The purpose of Bill 200 is to fill the gaps in have come at a very good time, although we have privacy legislation by providing a made-in-Manitoba been working on this for quite some time. Identity law which will govern the collection, use and theft is a growing problem. In fact, how big is it in disclosure of personal information by organizations the newspaper? There are between 1400 and 1800 in a manner that recognizes both the right of the Canadian identity theft complaints every month. In individual to have his or her personal information 2002, the federal Department of Justice estimated the protected and balances with the need of organi- loss from 7600 complaints at more than $8.5 million. zations that need to collect, use and disclose personal In the first quarter of 2003, there were 2250 information for purposes that are reasonable. complaints, with losses exceeding $5.3 million. An Environics study survey found that 3 percent of adult By enacting this substantially similar legislation, Canadians, more than 900 000 individuals, were which would be similar to the federal PIPEDA, we victims of identity theft in 2003, and I am sure that are creating a made-in-Manitoba law which would be that number has grown significantly in the last two much more user-friendly for businesses in Manitoba, years. It is a huge, growing problem identified by would clarify jurisdiction over personal health police and enforcement agencies. information and fill the privacy gap in Manitoba by extending coverage to all Manitobans. Further, it * (10:10) addresses the collection of biometric data, which is defined as anything that is a person, such as Where do people get this information? Where do fingerprints, palm prints, iris and retinal scans, facial they gather this personal information that they can scans, blood type, DNA and other very person- use to form another identity for themselves? We specific data.