On November 26, 2006, BC FIPA and the BC Civil Liberties Association made several recommendations on improving the Personal Information Protection and Electronic Documents Act (PIPEDA) to the Standing Committee on Access to Information, Privacy and Ethics.
Today, both organizations jointly presented their evaluation of the government’s performance in responsding to those recommendations, as well as to the previous recommendations made by the Parliamentary Committee.
Read the report (pdf). PIPEDA Review Submission – Jan 2008
BC FIPA and the BCCLA have made submissions regarding the statutory review of the Personal Information Protection and Electronic Documents Act (PIPEDA) to the House of Commons Standing Committee on Access to Information, Privacy and Ethics (ETHI).
This submission highlights a number of issues which must be addressed in order to ensure that the privacy of Canadians continues to be protected by this important piece of federal legislation.
The key issues and recommendations of the submission are:
- The Office of the Privacy Commissioner (OPC) should publicize complaints.
- The OPC should develop an effective education function.
- Fix the responses to security (data) breaches.
- Address Trans-border Data Flows of Personal Information.
- Address workplace privacy issues.
- Address the privacy implications of Electronic Medical Records (EMR).
- Confront the challenges of emerging privacy-threatening techonologies.
- Review sections in PIPEDA dealing with consent that are inadequate.
- Move away from an Ombudsman model and towards order-making powers for the Privacy Commissioner.
Read the full submission (pdf).
In the summer of 2004, ID theft was a hot issue. Since then, it has exploded.
There has been a flurry of activity in Canada and the United States, as regulators and companies alike struggle to keep up with the rapid growth in this white collar crime. Consequently, while the research has progressed, it has been a constant struggle to keep up with the fast-breaking news events and the subsequent policy and legislative responses of governments. We have focused on providing advice and analysis on how to protect the rights of the individual, through the use of existing law, policy, standards, and management practices.
Download the report (pdf).
Bill 38 is a very good piece of privacy legislation and a breakthrough for privacy rights at the provincial level. BC has shown strong leadership among the provinces in moving forward with a private-sector privacy bill that has real teeth. For this, great credit is due to yourself and also to Chris Norman and Sharon Plater, the officials at the Corporate Privacy and Information Access Branch who have conducted the public consultation process and the development of the legislation.
However, Bill 38 is not flawless. In our news release of May 2, 2003, BC FIPA’s president stated, “We are pleased at how far the bill progressed [during the consultation process]. We’re not saying that the act is perfect, but we give it a high “B” grade.”
FIPA has stated clearly to the government, the media and the public that we support Bill 38 because its merits greatly outweigh its flaws. In endorsing the Bill, we recognize how far the government moved to improve and strengthen it during the consultation process. Nevertheless, we must state that we are in substantial agreement with most of the points the Privacy Commissioner has raised. We urge the government to consider the substance of the Privacy Commissioner’s comments seriously, and if at all possible, make improvements to the Bill in the areas in which he has expressed concern.
Read BC FIPA’s complete comments to the Minister (doc).