Federal, Ontario privacy commissioners revise information-sharing agreement

Philippe Dufresne, Canada’s privacy commissioner, and Patricia Kosseim, Ontario’s information and privacy commissioner (IPC), have signed a memorandum of understanding revamping the version the two offices signed in 2014 and enabling their communications, coordination, and collaboration. 

The revised memorandum offers a framework aiming to allow the commissioners to exchange information on matters of mutual interest, according to a news release from the Office of the Privacy Commissioner of Canada (OPC). 

The OPC said the updated memorandum seeks to enable cooperation on joint investigations into issues arising under the federal Personal Information Protection and Electronic Documents Act (PIPEDA), 2000, or Ontario’s privacy statutes. 

The OPC explained that the revamped memorandum aims to reflect the IPC’s ability to share information under Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA), 1990, and Child, Youth and Family Services Act, 2017. 

The IPC noted that updates to the provincial privacy legislation allowed it to consult its counterparts across the country and expand its formal partnerships to deal with cross-jurisdictional complaints and audits and coordinate the development of guidance, model documents, or research on national privacy issues. 

The IPC added that the revised memorandum seeks to: 

• reflect the IPC’s broader mandate and responsibilities across the province’s different sectors 
• reduce duplication 
• enable more efficient and effective responses to emerging privacy risks 
• give clearer and more consistent guidance to the public and organizations across Canada 
• offer safeguards to promote the confidentiality and exclusive use of shared information solely for the intended purpose 

“The updated MOU gives us the tools to share information, coordinate our approaches, and respond more effectively to emerging privacy risks that affect people in Ontario and across Canada,” Kosseim said in the IPC’s news release. 

Context

According to the OPC, the 2014 memorandum, signed by the two offices, included a framework for the two offices to consult, cooperate, and share information pertinent to matters arising under PIPEDA and Ontario’s Personal Health Information Act, 2004. 

The OPC noted that it has similar memorandums with other provinces and territories. 

“Collaboration across jurisdictions is important, as it allows us to leverage our collective expertise and influence to address and advance privacy protections for Canadians,” Dufresne said in the OPC’s news release. “Updating this Memorandum of Understanding with Ontario will further strengthen the partnership between our Offices.” 

“This agreement comes at a pivotal time,” Kosseim added. “Privacy issues increasingly cross jurisdictional boundaries, and Ontarians rightly expect regulators to work together to address those challenges.”