The Public Interest Advocacy Centre (PIAC) is a national, non-profit organization which has provided legal services and research to Canadian consumers, and the organizations that represent them, for twenty-five years. PIAC's members include individuals, groups and organizations representing 1.2 million Canadians. As you may be aware, PIAC has been extensively involved in the development of the Personal Information Protection and Electronic Documents Act (the PIPED Act).Given our extensive experience with this legislation, PIAC would like to comment on the Canada Gazette Notice, Part 1, September 22, 2001 regarding the process for determination of "substantially similar" provincial provisions to the Personal Information Protection and Electronic Documents Act. We believe the substance of what will be considered substantially similar legislation, as reported in the Notice, is well thought out and expressed. We are pleased to see that all ten privacy principles must be maintained, independent oversight is necessary, and the collection, use and disclosure of personal information must be in all cases"appropriate and legitimate".These are essential conditions for substantial similarity.However, we are concerned about the process by which provincial legislation will be reviewed and potentially approved as substantially similar. Primarily, we are concerned about the potential for important decisions on "substantial similarity" to be made without input from the public. Because any determination of legislation as "substantially similar" to the PIPED Act will essentially provide an exemption from the Act for an organization, sector or a whole province/territory, it is imperative that the utmost be done to ensure that all concerned stakeholders are consulted. We recognize that Industry Canada will be consulting with the appropriate provincial or territorial government who drafted the legislation and that the Privacy Commissioner will be notified....
