IPC - Office of the Information and Privacy Commissioner/Ontario | What's New http://www.ipc.on.ca en-us Toronto Star – Commissioner orders City of Oshawa to issue access decision about an email sent on personal account http://www.ipc.on.ca/english/About-Us/Whats-New/Whats-New-Summary/?id=429 In a decision that will be of interest to public institutions across Ontario, the IPC has ordered the city of Oshawa to issue an access decision about&nbsp;an email that Councillor Nancy Diamond sent using her personal email account. The email asked an investigator for feedback on the terms of his eventual hiring by the city. The city argued that since the Councillor did not use the city’s server to send the email, the email was not covered by Ontario’s access-to-information laws. In an interview with the <A href="http://www.thestar.com/news/city_hall/2016/02/03/email-from-oshawa-councillors-private-account-ordered-released.html">Toronto Star</A>, Commissioner Beamish said, "It's not a matter of what email was used or what device was used. If the matter relates to city business, it's subject to the act. I think this will help clarify for everybody that you're not avoiding access-to-information legislation simply because you use your own device or your own private email account." <BR> <BR> The Commissioner further added that there is a need for greater education so that elected officials, government staff and public employees understand their obligation to make relevant information available to the public. "If it's public business, the basic principle is it should be accessible or potentially accessible to the public through the freedom-of-information process.” <BR> <BR> For further information, please see IPC municipal order <A href="https://www.ipc.on.ca/english/Decisions-and-Resolutions/Decisions-and-Resolutions-Summary/?id=10005">MO-3281</A>. Thu, 04 Feb 2016 00:00:00 GMT Your Privacy and Your Health Card http://www.ipc.on.ca/english/About-Us/Whats-New/Whats-New-Summary/?id=428 Being asked for identification is something just about everyone has experienced at one time or another, for example when making a large purchase or applying for a gym membership. Most of us in Ontario have also at one time or another been asked for our health card identification when visiting the doctor or the emergency room at the hospital. However, being asked for our health card outside of the health care context is something that does not occur regularly and has raised a few questions about when it is acceptable to ask for or show a health card. <BR> <BR> In Ontario, only individuals or institutions that provide provincially-funded health care services may require you to present your health card. A doctor’s office, hospital, walk-in clinic or medical laboratory can ask to see your health card if they are providing you with health care. <BR> <BR> Individuals and institutions that do not provide health care themselves may ask you to provide your health card or health number as long as they make it clear that it is voluntary on your part and that the information will only be used for purposes related to the provision of health care. For example, your child’s school may ask for your child’s health card number in case of an urgent medical situation. An employer may also ask for your health card number to expedite emergency medical service. <BR> <BR> Organizations not directly involved in the delivery of provincially-funded health care are not permitted to make note of, record, collect, or use a health number for identification purposes. However, individuals are free to volunteer their health cards as a means of identification. For example, you may voluntarily decide to provide your health card to a librarian in order for them to confirm your identity for a library card. However, while the librarian may view your health card, they are not permitted to record the health number. <BR> <BR> While you are free to show your health card to organizations outside of the health care system, it would be prudent to consider who you are showing your health card to. Identity theft is a real and growing crime as is health card fraud. If you have any concerns that your health card number has been misused, or if you have any questions about the collection, use and disclosure of health card information, you can always <A href="https://www.ipc.on.ca/english/About-Us/How-to-Reach-Us/">contact our office</A>. <BR> <BR> If you would like to learn more about Ontario health cards and health numbers, we have issued an FAQ, <A href="https://www.ipc.on.ca/english/Resources/Educational-Material/Educational-Material-Summary/?id=288">Frequently Asked Questions: Health Cards and Health Numbers.</A> Wed, 03 Feb 2016 00:00:00 GMT Panel Video - Privacy and Public Safety: A Progress Report http://www.ipc.on.ca/english/About-Us/Whats-New/Whats-New-Summary/?id=426 <P>The full panel presentation&nbsp;from our Privacy Day Symposium,&nbsp;<A href="https://www.ipc.on.ca/english/Resources/Events/Events-Summary/?id=213" target=_blank>Privacy and Public Safety: A Progress Report, </A>is now available below.&nbsp;Commissioner Beamish's full Privacy Day <A href="https://www.ipc.on.ca/english/Resources/Presentations-and-Speeches/Presentations-and-Speeches-Summary/?id=1653">presentation and PowerPoint</A> are also available. <BR> <BR> Our guest panelists included:<o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt">- Chief Bryan Larkin, Waterloo Regional Police Service and Vice<SPAN style="mso-spacerun: yes">&nbsp;&nbsp;&nbsp; </SPAN><o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="mso-spacerun: yes">&nbsp; </SPAN>President, Ontario Association of Chiefs of Police<o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt">- Chief Commissioner Renu Mandhane, Ontario Human Rights<SPAN style="mso-spacerun: yes">&nbsp;&nbsp; </SPAN><o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Commission<o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt">- Deputy Commissioner Michael McEvoy, Information and Privacy <o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Commissioner of British Columbia<o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt">- Deputy Minister Matt Torigian, Community Safety, Ontario <o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="mso-spacerun: yes">&nbsp; </SPAN>Ministry of Community Safety and Correctional Services<o:p></o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><o:p>&nbsp;</o:p></P> <P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face=Calibri><FONT face=Arial>The panel was moderated by Assistant Information and Privacy Commissioner David Goodis.</FONT>&nbsp;</FONT>&nbsp;</P> Tue, 02 Feb 2016 00:00:00 GMT Online Reputation: Open Call for Essays http://www.ipc.on.ca/english/About-Us/Whats-New/Whats-New-Summary/?id=427 The Office of the Privacy Commissioner of Canada (OPC) has launched a dialogue on reputation and privacy. As a follow-up to their recent discussion paper, <A href="https://www.priv.gc.ca/information/research-recherche/2016/or_201601_e.asp">Online Reputation: What are they saying about me?</A>, the office is inviting any interested parties to submit essays on the privacy issues related to online reputation. The purpose is to assemble a collection of potential solutions and bring clearer definition to the roles and responsibilities of the various players that could implement them. The goal is to enrich the public debate and ensure that the OPC is in a better position to inform Parliament of a variety of solutions for addressing issues related to online reputation and to develop a policy position on this issue. Full details and criteria are available on <A href="https://www.priv.gc.ca/information/research-recherche/consultations/2016/or_consultation_e.asp">the OPC’s website</A>. The submission deadline is April 28, 2016. <BR> Tue, 02 Feb 2016 00:00:00 GMT Yes, You Can Share Information to Protect a Child http://www.ipc.on.ca/english/About-Us/Whats-New/Whats-New-Summary/?id=424 <P><FONT face=Calibri>Today, in collaboration with the <A href="http://provincialadvocate.on.ca/">Provincial Advocate for Children and Youth</A>, we released a new guide to help professionals working with children understand that privacy legislation should not be a barrier to sharing information with a children’s aid society (CAS) about a child who may be at risk. In fact, Ontario law permits the disclosure of this important information.</FONT></P> <P><FONT face=Calibri>Health providers, police, teachers, social service workers and other professionals sometimes cite privacy as the reason for refusing to disclose information to child protection workers. While well-intentioned, this refusal may leave a child in need of protection at risk of harm. <A href="https://www.ipc.on.ca/english/Resources/Best-Practices-and-Professional-Guidelines/Best-Practices-and-Professional-Guidelines-Summary/?id=1646">Yes, You Can. Dispelling the Myths About Sharing Information with Children’s Aid Societies </A>clarifies common misunderstandings about privacy and reporting this information to the CAS. It underscores that, yes, professionals can disclose information to protect a child from potential harm and privacy should never stand in the way of sharing this information. <BR> <BR> </FONT><FONT face=Calibri>We hope this guide will lead to Ontario CASs getting more of the important information they need to help children at risk.</FONT></P> Wed, 20 Jan 2016 00:00:00 GMT Submission on Draft Street Checks Regulations http://www.ipc.on.ca/english/About-Us/Whats-New/Whats-New-Summary/?id=419 In a submission to the <A href="/site_documents/2015-12-11 Submission to The Honourable Yasir Naqvi - Street Check Regulations.pdf">Honourable Yasir Naqvi, Minister of Community Safety and Correctional Services</A>, the Commissioner offers recommendations on the draft regulation proposed on October 28, 2015, which seeks to regulate the practice of police street checks across the province. The Commissioner strongly supports the commitment to enacting a standard to help ensure that street checks are conducted in a consistent manner that respects privacy rights, as well as other fundamental rights and freedoms. <BR> <BR> The Commissioner’s recommendations focus on four key areas:&nbsp;<BR> <BR> <UL> <LI>Expanding the scope of the regulation to apply to a broader range of street check-related encounters&nbsp;between&nbsp;police and the public, including when an officer is investigating a particular offence or asking an&nbsp;individual&nbsp;to&nbsp;provide any personal information; <LI>The timing, scope and exceptions to the duty of police to provide rights notification; <LI>The treatment of personal information that has been or will be collected, including the general requirement&nbsp;<BR> to&nbsp;securely dispose of legacy information by July 1, 2018; and <LI>Improving transparency and accountability, including by requiring de-identified information to be recorded to identify and evaluate the impacts of street checks on privacy and other rights. </LI> </UL> Tue, 22 Dec 2015 00:00:00 GMT FIPPA and MFIPPA: The Recordkeeping Amendments http://www.ipc.on.ca/english/About-Us/Whats-New/Whats-New-Summary/?id=420 <SPAN style='FONT-FAMILY: "Arial", "sans-serif"'> <P style="TEXT-ALIGN: justify"><SPAN style='FONT-FAMILY: "Calibri", "sans-serif"'>Bill 8, the <I>Public Sector and MPP Accountability and Transparency Act, 2014</I>, will come into effect on January 1, 2016.<BR> <BR> </SPAN><SPAN style='FONT-FAMILY: "Calibri", "sans-serif"'>This Bill amends the <EM>Freedom of Information and Protection of Privacy Act </EM>(<EM>FIPPA) </EM>and the <I>Municipal Freedom of Information and Protection of Privacy Act</I> (<I>MFIPPA</I>) to include requirements for institutions to ensure the preservation of records. As a result of the amendments, heads of institutions will be required to take “reasonable measures” to preserve records in their custody or control.</SPAN> <SPAN style='FONT-FAMILY: "Calibri", "sans-serif"'>The amendments apply to all stages of the information life cycle and make it an offence to alter, conceal or destroy a record with the intention of denying access. <BR> <BR> </SPAN><SPAN style='FONT-FAMILY: "Calibri", "sans-serif"'>As the body that oversees compliance with <I>FIPPA</I> and <I>MFIPPA, </I>the IPC strongly supports the amendments because they will bring increased transparency and accountability to Ontario public institutions. <BR> <BR> </SPAN><SPAN style='FONT-FAMILY: "Calibri", "sans-serif"'>We have prepared this <A href="https://www.ipc.on.ca/english/Resources/Best-Practices-and-Professional-Guidelines/Best-Practices-and-Professional-Guidelines-Summary/?id=1645">new paper </A>to help institutions understand their responsibilities under the recordkeeping amendments<I>, </I>as well as develop and implement plans to address these provisions. </SPAN></P> </SPAN> Tue, 22 Dec 2015 00:00:00 GMT Presentations from the 2015 PHIPA Summit http://www.ipc.on.ca/english/About-Us/Whats-New/Whats-New-Summary/?id=418 <FONT face=Calibri><FONT style="FONT-SIZE: 9pt">This week’s 10th Annual <I>PHIPA </I>Connections Summit examined Ontario’s health privacy legislation, pending amendments and health information management strategies. This morning, Commissioner Brian Beamish updated attendees on “</FONT><A href="/site_documents/2015-12-03 - PHIPA Summit.pdf"><FONT style="FONT-SIZE: 9pt">What’s New at the IPC</FONT></A><FONT style="FONT-SIZE: 9pt">." H</FONT></FONT><FONT face=Calibri><FONT style="FONT-SIZE: 9pt">is presentation was followed&nbsp;by Director of Legal Manuela Di Re and Director of Health Policy Debra Grant&nbsp;speaking on&nbsp;"</FONT><A href="/site_documents/PHIPA Summit 2015 FINAL.pdf"><FONT style="FONT-SIZE: 9pt">Protecting Health Information when Using New... and Not So New Technology</FONT></A><FONT style="FONT-SIZE: 9pt">."</FONT></FONT><FONT style="FONT-SIZE: 10pt"> </FONT> Thu, 03 Dec 2015 00:00:00 GMT 2015 Statistical Reporting Now Open http://www.ipc.on.ca/english/About-Us/Whats-New/Whats-New-Summary/?id=416 <P>The IPC’s <A title="Ontario Statistics Submission Website" href="https://statistics.ipc.on.ca/" target=_blank>Online Statistics Submission Website</A> is now open for institutions to input their year-end statistical report. <STRONG>The deadline for reporting is Monday, February 29, 2016.</STRONG><STRONG><BR> </STRONG><BR> Our office is required to make an annual report to the Speaker of the Legislative Assembly of Ontario. This report provides a comprehensive review of the effectiveness of the <EM>Freedom of Information and Protection of Privacy Act (FIPPA)</EM> and <EM>Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) </EM>in providing access to information and protecting personal privacy, as well as the exercise of the Commissioner’s powers and duties under the <EM>Personal Health Information Protection Act (PHIPA).</EM></P> <P>Institutions covered under <EM>FIPPA</EM>, <EM>MFIPPA </EM>and/or <EM>PHIPA</EM> are required to submit an online report to the IPC, even if they have not received any freedom of information requests during the calendar year.</P> <P>Visit our website for <A href="http://www.ipc.on.ca/english/Resources/Forms/Forms-Summary/?id=565" target=_blank>helpful resources</A>, including our <A href="https://www.ipc.on.ca/English/Resources/IPC-Corporate/IPC-Corporate-Summary/?id=619">Frequently Asked Questions: <EM>FIPPA</EM> and <EM>MFIPPA</EM> Statistical Report</A>. </P> Tue, 01 Dec 2015 00:00:00 GMT Updated FAQs on Health Cards and Health Numbers http://www.ipc.on.ca/english/About-Us/Whats-New/Whats-New-Summary/?id=415 <P>Health cards are important pieces of ID, commonly requested by a variety of individuals and organizations, not just health information custodians. However, Ontarians may not be aware of their rights and responsibilities <A href="https://www.ipc.on.ca/english/Resources/Educational-Material/Educational-Material-Summary/?id=288" target=_blank><IMG src="/site_images/health_card_FAQs_cover.jpg" align=right height=150></A>when requiring, requesting, using and disclosing this personal information.</P> <P>We’ve updated our existing frequently asked questions on health cards and health numbers in order to clarify who may collect, use or disclose health numbers for health care purposes, as well as the use of health cards as a proof of identity. The <A href="https://www.ipc.on.ca/english/Resources/Educational-Material/Educational-Material-Summary/?id=288" target=_blank>revised guidance</A> answers these questions: <UL> <LI>Who may require individuals to produce their health cards? <LI>Who may collect, use or disclose health numbers and under what circumstances? <LI>Who may ask individuals to provide their health cards or health numbers? <LI>Can health cards serve as proof of identity? <LI>What should you consider before asking individuals to provide a health card or health number? </LI> </UL> <P></P> <P>Health information custodians or members of the public who have other questions or concerns related to health cards or numbers should <A href="https://www.ipc.on.ca/english/About-Us/How-to-Reach-Us/" target=_blank>contact our office</A>.</P> Mon, 23 Nov 2015 00:00:00 GMT