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What's Crossing our Desks? Policy Issues Facing the Canadian Privacy Commissioners' Community

This panel featured a number of Canadian Privacy Commissioners and was moderated by a former Privacy Commissioner of Canada, Bruce Phillips. Bruce Phillips gave an inspired introduction, praised the work of the Commissioners and emphasized the importance of their public education role.

The first speaker was the Privacy Commissioner of Canada, Jennifer Stoddart. She spoke about the role of privacy commissioners and issues facing their community. She viewed the commissioners' roles as principally to apply standards that are set down in legislation in response to the needs of constituents, pragmatically and using a flexible approach. She emphasized the importance of public participation, public education and public debate.

Frank Work, Information and Privacy Commissioner of Alberta discussed developments and privacy issues in Alberta. He noted that his office is now allied with police forces in the area of ID theft. Documents seized by the police during an operation (for example a drug bust) that contain personal information are now referred to the privacy commissioner for the purposes of reviewing possible ID theft and where appropriate beginning an investigation. Frank Work also noted that his office has been involved in reviewing hundreds of privacy impact assessments.

Peter Bower, Executive Director, Access and Privacy Ombudsman, Manitoba spoke about the state of information management (records management systems) and the state of research in social sciences and natural sciences, particularly medical research. Bower remarked that the state of information management is terrible. He noted that research into archives is being held up as a result of privacy concerns.

Mary O'Donoghue, Senior Counsel and Manager of Legal Services - Information and Privacy Commissioner Ontario, spoke about recent issues facing the Ontario commissioner's office. Among the issues discussed was police retention of fingerprint and photos. The IPC Ontario was able to persuade the police to reconsider the policy in light of privacy considerations. She also noted that a number of privacy issues had arisen in schools - searching students for drugs, strip searches, video surveillance, police dogs in schools, etc. The IPC Ontario developed guidelines which are now in place and well-received.

This panel was followed by lively question and answer period covering areas such as outsourcing, international data transfers, and the jurisdiction to pursue foreign entities that breach PIPEDA.