RECOMMENDATION

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act''.

SUMMARY

Part 1 of this enactment establishes a right to the protection of personal information collected, used or disclosed in the course of commercial activities, in connection with the operation of a federal work, undertaking or business or interprovincially or internationally.

It establishes the following principles to govern the collection, use and disclosure of personal information: accountability, identifying the purposes for the collection of personal information, obtaining consent, limiting collection, limiting use, disclosure and retention, ensuring accuracy, providing adequate security, making information management policies readily available, providing individuals with access to information about themselves, and giving individuals a right to challenge an organization's compliance with these principles.

It further provides for the Privacy Commissioner to receive complaints concerning contraventions of the principles, conduct investigations and attempt to resolve such complaints. Unresolved disputes relating to certain matters can be taken to the Federal Court for resolution.

Part 2 sets out the legislative scheme by which requirements in federal statutes and regulations that contemplate the use of paper or do not expressly permit the use of electronic technology may be administered or complied with in the electronic environment. It grants authority to the appropriate authorities to make regulations about how those requirements may be satisfied using electronic means.

Part 2 also describes the characteristics of secure electronic signatures and grants authority to make regulations prescribing technologies or processes for the purpose of the definition ``secure electronic signature''.

Part 3 amends the Canada Evidence Act to facilitate the admissibility of electronic documents, to establish evidentiary presumptions related to secure electronic signatures, and to provide for the recognition as evidence of notices, acts and other documents published electronically by the Queen's Printer.

Part 4 amends the Statutory Instruments Act to authorize the publication of the Canada Gazette by electronic means.

Part 5 amends the Statute Revision Act to authorize the publication and distribution of an electronic version of the Consolidated Statutes and Regulations of Canada.