Privacy and transparency in a modern government
Digital painting of Frank Lloyd Wright’s Fallingwater by Aedán Crooke of Surface Impression, commissioned for the IPC’s Transparency Showcase.
IPC Goal: to advance Ontarians’ privacy and access rights by working with public institutions to develop bedrock principles and comprehensive governance frameworks for the responsible and accountable deployment of digital technologies.
Privacy Day spotlight: Use of AI in a modern government
On January 24, 2024, the IPC had the pleasure of hosting a special event in celebration of Data Privacy Day. Modern Government: Artificial Intelligence in the Public Sector presented an opportunity to discuss the benefits and risks of AI use in the public sector with a panel of experts from different perspectives including government, academia, research, private sector and civil society. The webinar was attended by over 2,200 people in person and online on the day of the event and has since been viewed at least another 2,100 times on our YouTube channel.
Combined, the panelists’ contributions were rich, insightful, and engaging, helping to advance the dialogue around responsible use of AI in the public sector. Panelists discussed the tremendous opportunities for AI to improve public services, such as fast-tracking the processing and delivery of government benefits, informing decision-making by policymakers, and enhancing communications and engagement with residents.
Panelists also discussed the risks involved, including the potential for flawed algorithms that can perpetuate biases, and the reliance on large volumes of personal information that heighten the risks of cyberattacks and breaches. The lack of transparency and potential for misinformation through generative AI tools raise further issues, highlighting the need for responsible AI governance to protect public trust.
As Ontario continues to lead in AI investments and innovation, gaining public trust through effective governance remains crucial for the successful adoption of AI tools by public institutions.
"The successful adoption of AI tools by public institutions can only be achieved with the public’s trust that these tools are being effectively governed. To gain that trust, we must ensure they are being used in a safe, privacy-protective, and ethically responsible manner, with fair outcomes and benefits for all Ontarians."
Third party contracting: Essential guidance for public institutions
In 2024, we released guidance on Privacy and Access in Public Sector Contracting with Third Party Service Providers, to help public institutions fulfil their privacy and access obligations when using external service providers to process Ontarians' personal information. The guidance reminds institutions of their continuing obligation to take accountability for personal information within their control, even when it is processed by private sector organizations on their behalf.
The guidance emphasizes the importance of institutions to build in privacy and access requirements through all stages of the procurement process including, planning, tendering, vendor selection, contracting, agreement management and termination. Throughout, institutions must protect the personal information for which they are responsible, regardless of the mode of service delivery they choose.
Updated de-identification guidelines for a new era
In 2024, the IPC began updating its award-winning De-identification Guidelines for Structured Data, originally released in 2016. These guidelines, which earned the International Conference of Data Protection and Privacy Commissioners’ (ICDPPC) award for excellence in research, are a critical resource for institutions.
Throughout 2024, the IPC worked with our Scholar-in-residence, Dr. Khaled El Emam, and consulted with many stakeholders to inform key updates to our guidance in light of rapid advances in information technology and evolving risks. The updates are intended to better support public institutions with practical techniques they can use to effectively deidentify data while minimizing the risks of reidentification. The aim of this initiative is to help equip Ontario institutions with the technical guidance they need to manage the increasingly complex nature of data and make responsible use of it — in deidentified form — to advance the public good.
The Beauty and the Benefits: Transparency Showcase 2.0
During Right to Know Week 2024, the IPC proudly launched Transparency Showcase 2.0, The Beauty and Benefits of Transparency. This initiative aims to encourage greater openness and transparency by highlighting exemplary projects from Ontario’s public institutions and the positive impacts that open data and open government initiatives can have on the daily lives of Ontarians.
This past year, we placed particular emphasis on model and creative ways public institutions are being transparent about how they collect, use, and disclose personal information and for what purposes. Criteria for the challenge included creativity, effectiveness, inclusivity, civic engagement, and the transparent use of data for the common good.
This second Transparency Showcase featured 14 projects, some of which were highlighted in a special episode of our award-winning Info Matters podcast, as well as feature articles in Municipal World, the IAPP Digest, and The National Observer, among other publications. The showcase offers visitors a chance to browse the projects through captivating audio and video, graphics, and descriptions that bring the initiatives to life. Each project was represented by a unique and original piece of artwork, including a specially commissioned piece by artist Shelby Gagnon from Aroland First Nation.
“Transparency and access to government-held information is about empowerment. It equips people with the information they need to participate meaningfully in the democratic process, engage in constructive discourse, and hold their governments accountable. It’s the bedrock that democracy is built on, inspiring public trust in evidence-based information that shapes policies, programs, and services to improve Ontarians’ lives.”
A good news story
For more than 25 years, the Ministry of the Environment, Conservation, and Parks (MECP) has processed more freedom of information (FOI) requests than any other institution in Ontario, with the majority coming from businesses looking for records about the environmental history of a property. During the COVID-19 pandemic, MECP's reliance on paper-based records severely affected its ability to process requests. In 2021, its reported compliance rate for responding to FOI requests within 30 days dropped below 1.5 per cent. This matter was detailed in the IPC’s 2022 annual report. Since then, MECP has worked proactively to modernize its recordkeeping, offer alternative service options, and build a robust staffing and FOI program management plan.
In 2024, as a result of these activities, MECP achieved a major milestone by virtually eliminating its pandemic backlog and climbing to an annual 30-day response rate of 77 per cent, with an expectation of continued improvements in 2025. A key factor in this success has been the Environmental Property Information Program, an alternative service delivery channel which has streamlined access to environmental records and reduced the volume of requests that need to go through the FOI process. Throughout this effort, the ministry has engaged constructively with the IPC, providing regular updates and seeking our feedback. The IPC looks forward to continuing its engagements with MECP as it actively pursues its FOI modernization initiatives.