News Release: Time to reform BC’s privacy laws

BC FIPA recommends key changes to BC’s Personal Information Protection Act (PIPA)

VANCOUVER, June 10, 2020 – During the Special Committee’s public consultations to review PIPA, BC Freedom of Information and Privacy (FIPA) presented several key recommendations. 

Details of our presentation found here.

Compared to other provincial and the federal privacy legislation, BC’s PIPA has had no substantive amendments in the last 17 years. Presently, more than ever, personal information is being collected and stored in exponential amounts, subject to advanced analytics, and highly prone to being compromised. Changes to PIPA are needed for two main reasons – citizens expect increased privacy protections and education, and BC’s economy faces a real risk if the province’s privacy protections are inadequate to international data protection standards. 

Our submission proposes several recommendations, many of which have been called for in previous legislative reviews. We are calling for mandatory data breach reporting, algorithmic transparency, as well as an increase in the following: transparency and accountability by organizations, protections during international transfers of personal information, Commissioner’s enforcement powers, and resources for public education campaigns regarding PIPA. We also recognize and urge BC’s leadership in subjecting political parties to PIPA.  

“We are excited for the opportunity to contribute to the reform of a piece of legislation that is increasingly relevant in today’s digital age,” says FIPA’s executive director, Jason Woywada. “This legislative review offers BC the opportunity to regain leadership in its privacy protection laws and amend PIPA to offer its citizens the protections they expect and deserve.”  

We look forward to presenting a comprehensive list of recommendations as part of our written submission to the Special Committee prior to the August deadline. Details on our presentation can be found here.  

Contact: 
Jason Woywada, Executive Director 
BC Freedom of Information and Privacy Association 
(e) jason@fipa.bc.ca | (p) 604-739-9788 

Joint letter on data collection and privacy in the COVID-19 era.

BC FIPA, along with other civil society groups, has signed on to Open Media’s joint letter calling for measures to be put in place to ensure Canadians’ right to privacy is protected, and not undermined after the crisis is over.

Specifically, we are asking for a clear message from the provincial and federal governments stating that they will not turn to digital tracking and location data collection to address COVID-19 concerns.

With that in mind, we are looking to pre-empt potential bad policies by putting forward seven key principles that should be in place to preserve our privacy and our democracy:

  1. Prioritize approaches to help people stay at home which do not involve surveillance.
  2. Due process for adopting any new powers.
  3. Consent must be favoured.
  4. Put strict limits on data collection and retention.
  5. Put strict limits on use and disclosure.
  6. There must be oversight, transparency and accountability.
  7. Any surveillance efforts related to COVID-19 must not fall under the domain of security, law enforcement or intelligence agencies.

More information on these principles can be found here.

Data Privacy Design Jam: What is meaningful consent in an age of connected devices?

BC FIPA, in partnership with the Vancouver Design Nerds, held a two-day design jam in Ottawa March 5th and 6th. The purpose of this event was to explore issues around meaningful consent in the context of everyday life ranging from personal wearable technologies to smart homes and smart cities and their relationship to big data. With these different scales in mind, we sought to create new models of generating meaningful consent to mitigate the negative impact these technologies have on privacy. The two-day event brought together a diverse group of experts from academia and industry to advocates and activists working in this space to find creative solutions through a collaborative and inter-disciplinary approach.

Data Privacy Design Jam report title page

The final ‘prototypes’ that emerged after the second day varied in terms of how they approached meaningful consent, but an underlying theme that intersected all four groups was a focus on empowering individuals to take control over their personal information through various methods .

It is important to note that this project in itself is not the final stage in our work on meaningful consent and connected societies. Rather, this project has become a ‘jumping-off point’ that will launch future research and events to further address these issues. More specifically, we have begun to explore the feasibility of hosting another design jam with everyday consumers from various backgrounds rather than expert participants. The process we used could be adapted for either a representative sample of the general public or a predefined select target audience. By providing a similar initial problem and thought processes, the results would provide useful insights to how the public views issues of consent in a modern context.

Download the full report here.

BC FIPA would like to thank the Office of the Privacy Commissioner of Canada for the opportunity to explore this important issue through the Contributions Program.

NEWS RELEASE: Ministerial Order an exception to the rule

MEDIA RELEASE
March 30, 2020

Ministry of Citizens’ Services relaxes restrictions on the use of third-party tools and applications to disclose personal information inside or outside of Canada

VANCOUVER, March 30, 2020 – In the time of a global emergency, the protection of privacy and access to information rights needs to be kept at the forefront of policy discussions rather than used as a trade-off for convenience.Ministerial Order (no. M085) from the Minister of Citizens’ Services has called for a relaxation of the Freedom of Information and Protection of Privacy Act (FIPPA)’s data residency provisions in the context of the COVID-19 pandemic.

In addition to allowing the various provincial health authorities to disclose personal information inside or outside of Canada in response to COVID-19, the Order has given public bodies approval to use third-party tools and applications to disclose personal information inside or outside of Canada so long as they are being used “to support and maintain the operation of programs or activities of public [bodies]” and “to support public health recommendations or requirements” such as social distancing, working from home, etc. The order has an end date of June 30th, 2020.

We are firmly committed to the requirements for local data storage contained within the Act, even in extraordinary times. BC FIPA acknowledges that we are facing unprecedented challenges arising from the need to respond swiftly and responsibly to the COVID-19 pandemic, but this cannot be done at the expense of data residency and broader privacy rights. The all-party special committee who reviewed the Act in 2016 recommended that the personal information of British Columbians be protected in accordance with Canadian law – storing or accessing said data outside of Canada could subject it to a lower standard of privacy protection.  

BC FIPA is continuing to monitor for instances where the privacy of BC citizens is being sacrificed during the COVID-19 pandemic. “We hoped the government had exercised due diligence and put appropriate and necessary overrides in place that were triggered with the declaration of an emergency. It appears they felt those measures were insufficient and they took further action” says Jason Woywada, BC FIPA’s executive director. “There needs to be consideration for the long-term impacts of personal information being disclosed to third parties that cross borders and the impact that creates. Privacy and data residency has been under attack for years by those who wish to profit from its erosion. Maintaining privacy and data residency requirements is a positive sum proposition and should always be considered.”

BC FIPA continues to call for a comprehensive overhaul of FIPPA that is informed by a deep and sincere commitment to updating and expanding the information and privacy rights of British Columbians.  

Contact: 
Jason Woywada, Executive Director 
BC Freedom of Information and Privacy Association 

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Related Links: 

Order of the Minister of Citizens’ Services: Freedom of Information and Protection of Privacy Act: Ministerial Order No.M085 – March 17 
https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/services-policies-for-government/information-management-technology/information-privacy/resources/ministerial_order_085_respecting_disclosures_during_covid-19_emergency__march_2020_pdf.

Declaration of a state of emergency – March 18 
https://news.gov.bc.ca/releases/2020PSSG0017-000511

Decision of the OIPC Commissioner Michael McEvoy – March 18 
https://www.oipc.bc.ca/news-releases/2399

Report of the Special Committee to Review the Freedom of Information and Protection of Privacy Act 2016 
https://www.leg.bc.ca/content/CommitteeDocuments/40th-parliament/5th-session/foi/Report/SCFIPPA_Report_2016-05-11.pdf