Continuing a series of blog posts that I’m calling “A Conversation with…”, I’m delighted to post the following conversation with British Columbia’s new Information and Privacy Commissioner, Elizabeth Denham.
Canada’s privacy community will know that Commissioner Denham brings to her new role a wealth of experience and accomplishment. Her resume includes Assistant Privacy Commissioner of Canada and Director, Private Sector, for the Office of the Information and Privacy Commissioner of Alberta. I’ve had the pleasure of knowing Commissioner Denham for some time and have always appreciated her practicality and great sense of humour. B.C. will undoubtedly be well-served.
Of course, I’d like to thank Commissioner Denham for agreeing to engage in this online conversation. If you’d like to learn more about Elizabeth Denhem or B.C.’s Information and Privacy Commissioner’s Office (“OIPC”), I’d encourage you to visit the OIPC’s website (www.oipc.bc.ca).
Q – You served as Assistant Privacy Commissioner of Canada until being appointed BC’s Information and Privacy Commissioner in July 2010. How are things going in your new role?
A – It is a good thing that I am a recreational runner, because I have certainly hit the ground running! This is an extremely busy office, due to the scope and nature of the work and to the fact that I have inherited one of the leanest oversight agencies in the country. I am very lucky to have a team of hardworking, enthusiastic and seasoned professionals to support me.
While I do have “in the trenches” FOI experience, that was more than 10 years ago, forcing a quick re-immersion into the duties of ensuring accountable and transparent government. Since my appointment I have issued a report on the timeliness of government responses to access requests, worked on a strategy for government-wide proactive disclosure and executed our annual tribute to open government, Right to Know Week.
However, in my view the biggest challenge facing me in this term is public sector privacy issues. The government has ambitious plans for data sharing across ministries, to create linked electronic databases. It is my immediate priority to ensure that privacy is baked into BC’s e-government programs, including e-health.
Q – I’ve long considered BC one of the most progressive privacy jurisdictions in Canada. How has this happened and what can other provinces/territories learn from BC’s privacy community?
A – I think there are a number of factors that has put BC out in front with respect to privacy. My two predecessors, David Flaherty and David Loukidelis, are without a doubt two of the top privacy experts, and their ability to break trail has benefited all of BC. The former Commissioners were very skilled at making privacy a common topic of discussion and spreading the word about privacy rights and obligations. BC also has active and engaged civil society pushing hard for access and privacy rights, and I am referring to the BC Freedom of Information and Privacy Association as well as the BC Civil Liberties Association as key thought leaders. Finally, the citizens of BC have a reputation for being politically aware and engaged, and unafraid to bring burning issues to the forefront. I think the key learning outcome for other jurisdictions is work hard at capacity building and public outreach, and encourage other groups to actively enter the policy debates around access and privacy. We need other voices. Regulators cannot do it alone.
Q – Given that BC has a provincial privacy law (PIPA) that is “substantially similar” to PIPEDA, and considering that many readers of this blog are from outside BC (and Canada), can you briefly highlight the most important things that businesses should know about BC’s private sector regime?
I think the three most important points are these:
First, make sure you have a legitimate operational need to collect any personal information. This requires ongoing monitoring to ensure the operational requirement still exists, and routinely and safely purging personal information no longer required. Personal information is both an asset and a liability, and collecting and retaining personal information when no reason exists is a huge business risk.
Second, be transparent about what you are doing with the personal information you collect in the course of your operations, and ensure that anyone that you hire on your behalf behaves in the same manner.
Finally, data safeguards, or rather the lack thereof, remain the primary source of privacy breaches and a threat to your business brand. Safeguards are much more than passwords and locked cabinets—they include proper and ongoing staff training, privacy audits and assessing the privacy impacts of new policies, programs or services. Safeguarding personal information requires ongoing attention, and a willingness and ability to adjust the safeguard strategy when needed.
Q – Your work in the area of social networking as been outstanding, which in the case of Facebook resulted in a number of changes to the social networking site—changes that were implemented on a global basis. Some readers may presume that a privacy commissioner such as you wouldn’t use social networking sites. In my case, I’m active on LinkedIn. How about you?
A – I have several accounts with social networks, including Facebook and LinkedIn. I first joined the networks because I wanted to deeply understand the services, and their functionality; this was critical to my work. But Facebook also helps me keep track of my far-flung 20-something children who live their lives on-line! But I am a savvy consumer of these services, and obviously avail myself to all of the privacy controls they offer. I do not post anything on either of those sites that is not already publicly available or any information that I would not hesitate to make public. I am very careful before downloading any third party application—carefully scrutinizing their privacy policies beforehand.
Q - In your view, what kind of privacy developments should we watch for in the coming year in British Columbia?
A – On the government side, I think the primary issues will be an increase in the development of linked data networks containing personal information bringing risks to transparency, appropriate access, use and disclosure and a heightened risk of transmission of inaccurate and incomplete information.
On the private sector side, I know we will see more collaboration and cooperative oversight between the federal and provincial commissioners. New technologies and business models challenge the ability of any office to “go it alone”. Canada is a leading voice on privacy and new technologies. I look forward to working with my colleagues on smart, relevant and timely oversight.
An Alberta Court of Queen’s Bench has issued a precedent setting ruling that relates to Facebook comments and, specifically, whether the Charter of Rights and Freedoms can apply to universities. In the case of Pridgen v. University of Calgary, the court ruled that the post-secondary institution violated two students’ Charter rights when it sanctioned them for posting critical comments about a professor on Facebook. The students were found by the University to have committed non-academic misconduct and were placed on probation as a result of their Facebook comments. They applied for judicial review to set aside that decision on various grounds, including that their right to free expression under the Charter. The University argued before the court that the students had committed acts of defamation on Facebook. 
Posted by Brian Bowman 
A great feature of 
