(NOTE: This electronic version of the Office of the Information
and Privacy Commissioner's Annual Report 1996-97 includes
corrections for clerical errors that exist in the printed copy.)
XI. Providing Advice
Introduction
Under sections 42(1)(f), (g), and (h) of the Freedom of Information and
Protection of Privacy Act, the Commissioner has a mandate to comment on the
access to information or the protection of privacy implications of: (i) a
public body's proposed legislative schemes or programs; (ii) its automated
systems for the collection, storage, analysis, or transfer of information; and
(iii) its use or disclosure of personal information for record linkage. The
Commissioner also has a mandate to inform the public about the Act under
section 42(1)(c). Typically, the Office fulfills this advisory role by
consulting directly with public bodies. However, at times, it engages in public
discussion of certain issues as warranted.
The Advice-Giving Process
Advice-giving has become one of the main activities of the Commissioner's
Office with respect to both access to information and privacy issues. Public
bodies regularly seek advice on large and small issues. The Office also offers
advice to public and private sector organizations on adopting privacy sensitive
practices, such as strong security for personal information held in automated
systems. Further, the Office encourages public bodies planning various
initiatives in information-handling (however peripheral to the main purpose of
such an activity) to consult with the Office at an early stage in the process,
so that it may provide some guidance on potential information or privacy
problems. The Office especially encourages public bodies to prepare
privacy-impact assessments in such circumstances.
The Office also reviews all new bills introduced in the Legislature for their
implications for access to information and privacy protection. Fortunately,
government ministries often consult with the Office prior to introducing such
statutory or regulatory changes.
Recent Matters for Advice
In the summer of 1996 various legislative proposals for data matching attracted
the Office's attention. The Office's subsequent commentary and advice led the
Ministers responsible to introduce changes to the bills and to enter into
undertakings to consult with the Office before implementing certain practices,
especially in Memorandums of Understanding with other governments or public
bodies. The Income Tax Amendment Act, the B.C. Benefits (Child Care)
Act, the B.C. Benefits (Income Assistance) Act, and the
Disability Benefits Program Act were the centres of our attention in
this regard.
Due to the sensitivity of health information, the Office has been especially
active during the past year regarding such matters as reviewing the model
bylaws for privacy protection under the Health Professions Act; the
development of a model privacy code for physicians in their private offices;
the development of information-sharing protocols within and among such
ministries as the Ministry of Children and Families and the Ministry of Health;
the drafting of guidelines for contractors handling personal information in the
custody and control of certain Crown corporations; and advising on provisions
for draft research agreements involving Simon Fraser University and certain
hospitals.
The Office also reviewed and commented on other various issues, including: the
federal government's creation of a permanent voters list; the Motor Vehicle
Amendment Act; the Canadian Radio-television and Telecommunications
Commission's proposed policy to disclose directory information to private
directory companies and to charge subscribers for having unlisted phone
numbers; inter-ministry guidelines for the residential care of children and
youth; the British Columbia Colleges and Institutes Counsellors' Association's
code of ethics to ensure that it reflected fair information practices; and an
internal audit report concerning security at the Centre for Health Services and
Policy Research at the University of British Columbia. The Office also
consulted on software and security issues with organizations as diverse as St.
Mary's Hospital (New Westminster), Castlegar Child and Family Court Services,
the City of Burnaby, and the Canadian Association for the Advancement of
Computers in Health (COACH).
