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Letter

Ottawa, 27 August 2001

Our file: 8665-C12-14/01

To: Distribution list

Re: Confidentiality provisions of Canadian carriers

Pursuant to the process set out in Public Notice CRTC 2001-60, dated 31 May 2001, please find attached the Commission's interrogatories.

Responses to all interrogatories are to be filed with the Commission, served on all interested parties and received no later than 26 September 2001.

Sincerely,

Campbell Laidlaw
Director, Policy
Number Administration and Consumer Affairs

Attachments

c.c.:  Philippe Tousignant (819-997-1334)
Darren Goodyear (819-994-5174)

Attachment

To : The Companies, CWTA, TELUS, Microcell, Call-Net, ARC et al., Rogers Wireless, Privacy Commissioner of Ontario, AT&T.

(CRTC) 27 Aug 01 - 100 - PN 01-60

100.

The Companies, CWTA and TELUS (and other parties) propose that the Commission use the following definition of affiliates:

Where one company is a subsidiary of another, both companies are subsidiaries of the same company, or two companies are affiliated with a third company at the same time.

AT&T proposes that the Commission use the definition of related parties, instead of the above definition:

Related parties exist when one party has the ability to exercise, directly or indirectly, control, joint control or significant influence over the other. Two or more parties are related when they are subject to common control, joint control or common significant influence. Related parties also include management and immediate family members.

If the Commission granted the requested relief, what would be the implication of using one definition over the other in terms of efficiency of sharing information on one hand and contributing to the protection of privacy of subscribers on the other hand?

To : The Companies, CWTA, TELUS, Microcell, Call-Net, ARC et al., Rogers Wireless, Privacy Commissioner of Ontario, Mr. Murray Long.

(CRTC) 27 Aug01 - 101- PN 01-60

101.

Provide your definition of sensitive customer information and provide examples? Address how the form of consent (i.e. implied or express) should vary according to the sensitive nature of the information?

To : The Companies and TELUS.

(CRTC) 27 Aug01 - 102 - PN 01-60

102.

The Companies state that the form of consent found in their proposed Code of Privacy (i.e. 3.6 In general, the use of products and services by a customer, ., constitutes implied consent for the [Company] to collect, use and disclose personal information for all identified purposes.) would be replacing the current written requirement

Identify all means by which subscribers would be made aware of the proposed definition of consent used by the Companies and explain how this would give a reasonable assurance that the consumer gave an "informed consent".

To : The Companies, TELUS, Microcell, Call-Net, Rogers Wireless, AT&T.

(CRTC) 27 Aug01 - 103 - PN 01-60

103.

Since 1997, approximately what percentage of your subscribers has given written consent to the disclosure of information to affiliates? Do the agreements authorise disclosure to affiliates in general or to specific (identified) affiliates? Do they authorise disclosure to others, please specify?

To : The Companies, CWTA, TELUS, Microcell, Call-Net, ARC et al., Rogers Wireless, AT&T.

(CRTC) 27 Aug01 - 104- PN 01-60

104.

Provide comments on the possibility of all Canadian Carriers being required to file with the Commission the results of any internal privacy audits (such as the one identified in paragraph 55,15 November 2001, Part VII application by The Companies).

To : The Companies, CWTA, TELUS, Microcell, Call-Net, Rogers Wireless, AT&T.

(CRTC) 27 Aug01 -105 - PN 01-60

105.

The submitted Privacy Codes (Attachments 1 to 6, 15 November 2001, Part VII application by The Companies) indicate that for a customer, personal informationincludes: customer's credit information, billing records, service and equipment, and any recorded complaints.

1. Provide a complete list of confidential information retained by your company beyond the above.

2. Comment on the merits of the following forms of express consumer consent with regards to the above type of information:

  1. an oral confirmation obtained by a Company followed by a letter (or an equivalent) to the end-customer;
  2. an oral confirmation verified by an independent third party;
  3. electronic confirmation through the use of a toll-free number;
  4. electronic confirmation via the Internet.

To : The Companies, CWTA, TELUS, Microcell, ARC et al., Rogers Wireless, Privacy Commissioner of Ontario, AT&T.

(CRTC) 27 Aug01 - 106 - PN 01-60

106.

Comment on Call-Net's submission (31 July 2001, re: PN 2001-60), paragraphs 7-8-9.

To : Microcell.

(CRTC) 27 Aug01 - 107 - PN 01-60

107.

In paragraph 15 of its 30 July 2001 submission, Microcell stated that "technology itself can contribute solutions to the challenge of protecting personal privacy, including by enabling consumers to give meaningful, informed, and limited consent to the collection, use or disclosure of their personal information with a minimum of administrative difficulty.

Specify the meaning of "limited consent" to disclosure of information.

To : The Companies, CWTA, TELUS, Microcell, Call-Net, ARC et al., Rogers Wireless, AT&T.

(CRTC) 27 Aug01 - 108 - PN 01-60

108

The Privacy Commissioner of Ontario stated (27 July 2001 submission, re: PN 2001-60) that consent should be limited in time. Comment on this suggestion. If a time limit is appropriate, what should it be? How would consent then be again granted by the consumer?

To : The Companies, CWTA, TELUS, Microcell, Call-Net, ARC et al., Rogers Wireless, Privacy Commissioner of Ontario, AT&T.

(CRTC) 27 Aug01 - 109- PN 01-60

109.

Should the Commission grant the requested relief,

  1. provide comments on the appropriate means to inform existing subscribers about the change in the Terms of Service?
  2. provide comments on the appropriate mechanisms by which they would be able to opt-out?

To : ARC et al.

(CRTC) 27 Aug01 -110 - PN 01-60

110.

Provide a complete copy of the Ekos Research Associates Inc. survey referred to in ARC et al.'s submission dated 30 July 2001.

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