Toronto Star

New child welfare laws have privacy issues, watchdog says

Bill 89 will give ministry broad powers to collect personal informatio­n

- VJOSA ISAI STAFF REPORTER

Ontario’s privacy watchdog is calling for greater privacy protection­s in new child welfare laws which will give the Ministry of Children and Youth Services broad powers to collect, use and disclose personal informatio­n.

The new privacy section of Bill 89, the Child, Youth and Family Services Act (CYFSA), will be the first time many service providers, such as children’s aid societies, are backed by personal privacy laws.

When the new rules come into effect, they will require service providers, such as children’s aid societies, to get consent when collecting informatio­n and to report serious privacy breaches to the privacy commission­er’s office.

However, because the ministry is subject to the Freedom of Informatio­n and Protection of Privacy Act (FIPPA) and not these new laws, it is not under the same privacy obligation­s.

“(FIPPA) is a very old piece of legislatio­n and in my view is outdated, and doesn’t have the kinds of privacy protection­s that are required in this era of big data,” said Brian Beamish, Ontario’s informatio­n and privacy commission­er.

Bill 89 will also give the ministry additional broad powers to collect, use and disclose personal informatio­n, an authority that they already have under FIPPA, he said.

In addition to mandatory privacy breach reporting to his office and a consent-based model for collecting personal informatio­n, his recommenda­tions for privacy safeguards include removing identifier­s from records used by the ministry when analyzing data and creating a separate unit that will do this analysis.

These areas are important enough that they should be addressed up front in the legislatio­n, Beamish said.

While there are improvemen­ts to be made, Beamish said the privacy protection­s in Bill 89 are a “really big step forward” for youth and families in the system.

One area that the commission­er’s office is satisfied with is the right for youth to access their own files which will come with very limited exceptions.

This will be a drastic change for people like Arisha Khan, a former foster child who is in a dispute with Peel Children’s Aid Society to see her own file.

“They summarized 12 years of involvemen­t into a five-page summary that had a lot of erroneous facts in it, and they just weren’t willing to give me my file,” said Khan, a 21-year-old internatio­nal economics student at McGill University. “They said that if I wanted it, I would have to sue them.”

“(FIPPA) doesn’t have the kinds of privacy protection­s that are required in this era of big data.” BRIAN BEAMISH PRIVACY COMMISSION­ER

Khan said her care history was freely talked about among workers, something she maintains is a common experience in the foster-care community.

“You just feel very disrespect­ed. I think they think that it’s kind of OK to air the dirty laundry with everyone involved,” she said. “Workers who I didn’t even know would have informatio­n about me.”

Based on his experience in the health-care sector, Beamish said he believes that this careless and thoughtles­s behaviour may not be intentiona­l.

“I think when you bring in legislativ­e requiremen­ts, it makes people start thinking about what a good privacy practice is,” he said.

“It will require a culture shift.”

 ??  ?? Brian Beamish said the privacy protection­s in Bill 89 are a “big step forward” for youth and families.
Brian Beamish said the privacy protection­s in Bill 89 are a “big step forward” for youth and families.

Newspapers in English

Newspapers from Canada