Privacy Act Reform

In 2006, the OPC tabled with the Standing Committee on Access to Information, Privacy and Ethics a comprehensive document entitled Government Accountability for Personal Information: Reforming the Privacy Act. In early 2008, we prepared an Addendum to that document, discussing how events of the past two years illustrate the ongoing need for reform of the Act.

While we wait for a comprehensive modernization initiative, there are some relatively simple changes which would be of significant benefit to Canadians. The 10 Quick Fix changes we are currently proposing to the Privacy Act are not meant to be the definitive statement on Privacy Act reform. The Act is in desperate need of a complete overhaul.

Here is a quick overview of our ten recommendations:

Recommendation 1: Create a legislative “necessity test” which would require government institutions to demonstrate the need for the personal information they collect.

Recommendation 2: Broaden the grounds for which an application for Court review under section 41 of the Privacy Act may be made to include the full array of privacy rights and protections under the Privacy Act and give the Federal Court the power to award damages against offending institutions.

Recommendation 3: Enshrine a requirement for heads of government institutions subject to the Privacy Act to assess the privacy impact of programs or systems prior to their implementation and to publicly report assessment results.

Recommendation 4: Amend the Privacy Act to provide the Office of the Privacy Commissioner of Canada with a clear public education mandate.

Recommendation 5: Provide greater discretion for the Office of the Privacy Commissioner of Canada to report publicly on the privacy management practices of government institutions.

Recommendation 6: Provide discretion for the Privacy Commissioner to refuse and/or discontinue complaints the investigation of which would serve little or no useful purpose, and would not be in the public interest to pursue.

Recommendation 7: Amend the Privacy Act to align it with the Personal Information Protection and Electronic Documents Act by eliminating the restriction that the Privacy Act applies to recorded information only.

Recommendation 8: Strengthen the annual reporting requirements of government departments and agencies under section 72 of the Privacy Act, by requiring these institutions to report to Parliament on a broader spectrum of privacy-related activities.

Recommendation 9: Introduction of a provision requiring an ongoing five year Parliamentary review of the Privacy Act.

Recommendation 10: Strengthen the provisions governing the disclosure of personal information by the Canadian government to foreign states.

Other important information on Privacy Act Reform.