<<Insert Slide Title>>

www.cio.gov.bc.ca

2COURAGE CURIOSITY SERVICE ACCOUNTABILITY PASSION TEAMWORK

<<Insert Slide Title>>• AGENDA

• Introductions• Background• Amendment Summary• New Exclusions• Exceptions• Part 3• Open Government• Information and Privacy Commissioner• Next Steps

• Act outdated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

Objectives of Amendments

• Modernize

• Clarify

• Enable

• 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

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

New & Revised Exclusions

• 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)

• 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)

• 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

• 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)

• 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)

• 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)

• 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)

• 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)

• 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)

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)

ACCESS

• 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

• 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)

PART 3 CHANGES

• 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)

• 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)

• 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)

• 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)

• 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)

• 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.

• 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)

• 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)

• 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)

• 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

• 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)

• 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

• 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,

• 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

OPEN GOVERNMENT

• 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

INFORMATION AND PRIVACY COMMISSIONER

• 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)

• 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

Questions

Celia FrancisDirector IM/IT LegislationCelia.Francis@gov.bc.ca250.356.7787

Contact Information

Melissa SexsmithSenior Legislative and Policy

AdvisorMelissa.M.Sexsmith@gov.bc.ca250.356.0779

Colleen RiceSenior Legislative and Policy

AdvisorColleen.Rice@gov.bc.ca250.356.1337

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