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Privacy in Ontario Brian Beamish Office of the Information and Privacy Commissioner/Ontario

Privacy in Ontario Brian Beamish Office of the Information and Privacy Commissioner/Ontario. Presentation to Security Canada Central 2002 International Conference and Exposition October 24, 2002. Privacy Defined. Information Privacy: Data Protection Choice; control; informational

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Privacy in Ontario Brian Beamish Office of the Information and Privacy Commissioner/Ontario

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  1. Privacy in OntarioBrian BeamishOffice of the Information and Privacy Commissioner/Ontario Presentation to Security Canada Central 2002 International Conference and Exposition October 24, 2002

  2. Privacy Defined • Information Privacy: Data Protection • Choice; control; informational self-determination • Personal control over the collection, use and disclosure of any recorded information about an identifiable individual

  3. The Foundation: Fair Information Practices (FIPS) • Accountability • Identifying Purposes • Consent • Limiting Collection • Limiting Use, Disclosure, Retention • Accuracy • Safeguards • Openness • Individual Access • Challenging Compliance

  4. Impetus for Change • Growth of Privacy as a Global Issue • EU Directive on Data Protection • Expanding IT Networks • Consumer Backlash

  5. The Impact of Federal Legislation • Personal Information Protection and Electronic Document Act(PIPEDA) • Staggered implementation: • Federally regulated businesses, 2001 • Federal health sector, 2002 • Provincially regulated private sector, 2004

  6. Why Ontario Legislation? • Broader coverage than PIPEDA • Include universities, not-for –profits • Special rules for health records • Recognize special relationship between patients and health care providers • Employee records will be protected • “One-stop shopping” for provincial inquiries

  7. Privacy of Personal Information Act (PPIA) • Consultation Draft released in February, 2002 • Integrated private sector and health information privacy legislation • Extensive consultations since the Spring • Introduction ?

  8. Applies to: Ontario businesses Ontario universities Ontario hospitals, doctors, pharmacies, clinics… Ontario associations (incorporated or not) Ontario partnerships Ontario unions Does not apply to: Individuals acting in a personal, non-commercial capacity Artistic, journalistic or literary exemption Scope of the Draft Ontario Legislation (PPIA)

  9. What the Law Will Say • Legislation based on fair information practices • Consent basis for collection, use and disclosure of personal information • Special rules for personal health information • Right of access and correction • Office of the Information and Privacy Commissioner to oversee legislation

  10. Consent for Marketing • Initial Position of Government – “Opt-in” only • Canadian Marketing Association, other business groups organize opposition • Charitable and Not-for-Profit Sectors strongly opposed opt-in

  11. The Solution • Bill will allow for opt-out consent for marketing/fundraising purposes • Clear rules for content of opt-out notice and how it is to be exercised • Limits on use of opt-out established

  12. Role of the IPC • IPC will be the oversight body • Power to investigate individual complaints and refusal of access • Review of information practices • Extensive order-making powers

  13. Role of the IPC (cont’d) • Use of mediation to be stressed • Order-making power - last resort • Conducting public education programs • Commenting on an organization’s information practices

  14. Stressing the 3 Cs • Consultation • Opening lines of communication with businesses and stakeholders • Collaboration • Working together to find solutions • Co-operation • Not confrontational when resolving complaints

  15. Preparations Are Starting • IPC outreach to business community: • Met with key stakeholder associations • Retail Council of Canada • Canadian Marketing Association • Insurance Bureau of Canada • Ontario Hospital Association • Consumer Council of Canada

  16. …for Business, it’sbusiness as usual • The world after 9/11 • Clear distinction between public safety and business issues – make no mistake • NO reduction in consumer expectations • Increased value of trusted relationships

  17. Importance of Consumer Trust • In the post-9/11 world: • Consumers either as concerned or more concerned about online privacy • Concerns focused on the business use of personal information, not new government surveillance powers • If consumers have confidence in a company’s privacy practices, consumers are more likely to: • Increase volume of business with company…….... 91% • Increase frequency of business……………….…... 90% • Recommend to friends and family………….……. 89% Harris/Westin Poll, Nov. 2001 & Feb. 2002

  18. How The Public Divides on Privacy 12 63 25 The “Privacy Dynamic” - Battle Alan Westin for the minds of the pragmatists

  19. The Bottom Line Privacy should be viewed as a business issue, not a compliance issue

  20. How to Contact Us Brian Beamish Office of the Information & Privacy Commissioner/Ontario 80 Bloor Street West, Suite 1700 Toronto, Ontario M5S 2V1 Phone: 416-326-3333 Web: www.ipc.on.ca E-mail: info@ipc.on.ca

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