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AGENDA Introductions Background Amendment Summary New Exclusions Exceptions Part 3 Open Government Information and Privacy Commissioner Next Steps. . BACKGROUND. Act outdated - PowerPoint PPT PresentationTRANSCRIPT
www.cio.gov.bc.ca
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<<Insert Slide Title>>• AGENDA
• Introductions• Background• Amendment Summary• New Exclusions• Exceptions• Part 3• Open Government• Information and Privacy Commissioner• Next Steps
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• Act outdated
• Inability to share personal information horizontally across programs for the purpose of providing citizen centric services
• Limited ability to use emerging technology
• Limited ability to store and disclose personal information outside of Canada
BACKGROUND
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Objectives of Amendments
• Modernize
• Clarify
• Enable
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• AMENDMENT SUMMARY
An increased ability to share data across public
bodies for common or integrated programs or activities
New oversight authority for the Commissioner
The ability to establish a provincial identity information services provider
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Proactive disclosure programs that require public bodies to disclose records
Permitted use of communication technology including social media
New authorities for collection, use and disclosure
• AMENDMENT SUMMARY – cont’d
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New & Revised Exclusions
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• Excludes teaching materials or research information of:
– A faculty member,– Teaching assistant or research
assistant – Other persons teaching or
carrying out research at a post-secondary educational body
Teaching and research materials
S. 3(1) (e)
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• Records that are available for purchase by the public are excluded from the Act
• Should reduce the costs of processing and responding to formal access to information requests.
Records Available For Purchase
S. 3 (1) (j)
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• The records of a service provider that do not relate to its services for a public body are not covered by the Act.
• Resolves the confusion that currently exists about what records of a service provider are covered by the Act.
Records of a service provider
S. 3 (1) (k)
www.cio.gov.bc.ca
REVISED & NEW EXCEPTIONS
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• May refuse to disclose records that must be published or released under an enactment
• Reduce costs and administration
Information that must be published under an enactment
S. 20 (1) (c)
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• 30 day limit for responding to a request where the request was initially refused because the information would be published or released within 60 days
• Can no longer treat a request as if it were a new request.
Information that will be published or released within 60 days
S. 20 (3)
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• Length of time that a person has been deceased is a relevant factor when determining whether disclosure of would be an unreasonable invasion of privacy.
Privacy rights of the deceased
S. 22 (2) (i)
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• If the applicant could reasonably be expected to know who the referee is, the content of the recommendation, evaluation or reference should be withheld.
Confidentiality of referees
S. 22 (3) (h)
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• Public body must disclose summary of personal information supplied in confidence
• But a summary should not be disclosed if applicant can reasonably be expected to know identity of third party
Summary of a reference
S. 22 (5)
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• Clarifies that specific details are not an unreasonable invasion of a third person’s personal privacy:– name– what item grants– status of item– date it was granted– period of time that it is valid– when it expires
• Adds degree, diploma or certificate
Details of a Licence, Permit, Degree, diploma or a certificate
S. 22 (4) (i)
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Clarifies what is not an unreasonable invasion of a third person’s privacy respecting discretionary financial benefits:
– Name – What benefit grants– date it was granted – period of time it is/was valid – date it ends
Discretionary Benefits financial in nature
S. 22 (4) (j)
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ACCESS
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• If people want a copy of a record, including an electronic copy, it must be provided, if it is reasonable to do so
• Where it is unreasonable for a record to be examined, the public body can refuse to permit the examination.
How access will be given
S. 9
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• Public bodies may extend the time period for responding to an access request up to 30 days where the applicant consents
• Requires the development of a regulation
Extending the time limit for responding
S. 10 (1) (d)
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PART 3 CHANGES
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• A public body may collect personal information through observation at a public event that is voluntarily attended, without first providing notice.
• May disclose personal information collected through observation.
• Address challenges with respect to public relations activities.
Public Events
Sections: 26 (g), 27 (3) (d), 33.1 (1) (q)
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• Enables engagement through the use of social media sites like Facebook and Twitter.
• May respond to communications where responding may require disclosure of information outside of Canada (e.g., email)
• To protect privacy, specific criteria must be met to communicate or engage with citizens using these technologies
Social Media and Electronic Communications
Sections: 33.1 (1) (r), 33.1 (7)
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• Three new provisions enable the proactive sharing of information in domestic violence cases.
• Can collect and disclose personal information, without notice, to reduce risk, and protect victims, of domestic violence
Domestic violence
Sections: 26 (f), 27 (1) (c) (v), 33.1 (1) (m.1)
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• Permits collection and disclosure of personal information between public bodies to plan or evaluate a program or activity.
Planning or Evaluating a Program or Activity
S. 26 (e), 33.2(l)
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• New authorities enable public bodies to share personal information for delivering or evaluating a common or integrated program or activity
Common or Integrated Program or Activity
Sections: 27 (1) (e), 33.2 (d)
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• Regulation will prescribe documents necessary to show a program/activity is a common or integrated program or activity.
Common or Integrated Program or Activity
What is a common or integrated program?
A single program or activity that is provided or delivered by two or more public bodies working collaboratively, or one public body on behalf of one or more public bodies or agencies.
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• Adds consent as an authority for collection of personal information in limited circumstances.
• Those circumstances must be set out in regulation
Giving Consent for Collection
S. 26 (d)
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• Public bodies who receive misdirected information can transfer it to the appropriate public body or federal government institution.
• Citizens benefit from the convenience of not having to re-send their communications to the correct public bodies.
Transfer of Information from one Public Body to Another
Sections: 27 (1) (d), 27.1 (2), 27.1 (1)
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• Personal information is not collected when a public body does nothing other than read it and
– delete– destroy– return or– transfer the information
When Information is NOT Collected
Sections: 27.1 (1), 27.1 (2)
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• A public body participating in a new or significantly revised data-linking initiative must comply with regulations prescribed for this purpose
• A data-linking initiative that occurs solely within the health sector is excluded from this requirement
Data Linking
S. 36.1
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• All public bodies must complete PIAs, not just ministries
• PIAs are required for current as well as proposed enactments, systems, projects, programs or activities
• PIAs must be completed during development of initiative
• Ministry PIAs must be submitted to the Minister responsible for the Act
• PIAs respecting common or integrated programs/activities or data-linking initiatives must be submitted, during development, to the Information and Privacy Commissioner for review and comment
• This requirement does not apply to health-only data-linking initiatives
Privacy Impact Assessments
Sections: 69 (5), 69 (5.1), 69 (5.2), 69 (5.3), 69 (5.4)
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• Authority to demand the return of personal information to which an individual or organization has gained inappropriate access
• Can seek a court order if the person/organization fails to return the information or respond to the demand
Recovery of Personal Information
Sections: 73.1, 73.2
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• Gives citizens the ability to prove their identity over the internet to access high value online services
• Minister can:– Designate a public body as a provincial identity information
services provider– Issue directions to the provider or to public bodies
Provincial Identity InformationServices Provider
Sections: 26 (h), 27 (1) (g), 33.1 (5), 69.2,
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• The provider has the authority to collect and disclose personal information for the purpose of:
– Identifying individuals– Verifying and updating identity information– Issuing and managing information associated with
credentials– Enabling public bodies to verify the identity of an
individual seeking a service
Provincial Identity Information Services Provider
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OPEN GOVERNMENT
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• All public bodies must establish categories of records that are routinely available to the public.
• Ministries must follow directions established by the Minister and routinely release categories of records that she designates
Open Government
Sections 71, 71.1
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INFORMATION AND PRIVACY COMMISSIONER
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• All public bodies must notify of data-linking or common or integrated programs or activities at early stage of their development
• Authority to review and comment on PIAs of all public bodies involving common or integrated programs or activities or data linking
• Must be consulted on the development of – information-sharing code of practice,– data linking regulations– regulation on consent for collection
Increased Oversight for the Commissioner
Sections: 42 (1) (a), 69 (5.4), 69 (5.5) , 69 (9)
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• Prepare communication material and information sheets• Deliver a series of briefing and training sessions• Update PIA template and directions• Develop regulations
– Consultation with the Commissioner and other key stakeholders– Complete by Spring 2012
• Develop Ministerial direction and orders• Update policies
Next Steps
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Questions
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Celia FrancisDirector IM/IT [email protected]
Contact Information
Melissa SexsmithSenior Legislative and Policy
Colleen RiceSenior Legislative and Policy