Need For Stronger Privacy Protections in the Proposed Regulations under Ontario’s New Child, Youth and Family Services Act

The government is making significant changes to services for children and youth with the introduction of the new Child, Youth and Family Services Act (CYFSA).

As I mentioned in my year-end blog, the CYFSA will enshrine in law the rights of children, youth, and their families to access and correct personal information held by children’s aid societies and other child and youth organizations. Individuals will also be able to file privacy complaints through the IPC, significantly expanding our oversight role.

While these changes are a great step forward for Ontario’s child and youth sector, the proposed regulations may leave the door open to privacy risks.

The Ministry of Children and Youth Services recently invited comments from the public and stakeholders on the proposed regulations. The IPC submitted recommendations that aim to protect the privacy of Ontarians under the new act.

They include:

• strengthening requirements to report privacy breaches to the IPC and notifying individuals when their personal information has been stolen, lost or improperly used or disclosed
• ensuring clear standards for the handling, transfer and retention of records
• enhancing safeguards for the use of personal information for research

Full details of the recommendations are available in the IPC’s submission.

Brian Beamish,
Commissioner