Ms. Heather Black Assistant Privacy Commissioner of Canada 112 Kent Street Ottawa, Ontario K1A 1H3
BY EMAIL and MAIL Dear Assistant Commissioner Black:
Revised Letter Findings re: Inadequate Approaches to Opt-out Consent
I am writing on behalf of the Public Interest Advocacy Centre (PIAC) regarding Revised Letter Findings 6100-0216 and 6100-0217, dated November 7, 2003.
We were somewhat surprised that the OPC had undertaken to review these matters and issue a revised decision. There is no indication in the file that PIAC nor Ms. Lawson were contacted as to the “further detailed inquiries” or “additional information” into Bell Mobility and Bell ExpressVu’s practices. To our knowledge, neither Ms. Lawson nor PIAC were invited to comment any further with regard to these inquiries.
PIAC feels very strongly about the issue of inadequate opportunities for consumers to opt-out in situations of implied consent. These matters dealt directly with these questions, and while we were generally pleased with the approach you took to these issues in these revised letter findings, we would have appreciated notice and an opportunity to comment prior to any new decisions.
We also are interested at what point after the OPC makes an initial letter decision that it considers itself functus.
Original Signed
John Lawford Barrister & Solicitor Research Analyst
cc: Bell Mobility Bell ExpressVu