The 2023 Annual Report from the Information and Privacy Commissioner of Ontario (IPC) entitled Beyond Imagination: Planning for Ontarians’ Digital Future, has been released. The report provides highlights of IPC activity from the previous year as well as statistics from the reporting institutions under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and the Freedom of Information and Protection of Privacy Act (FIPPA) . This report will be of particular interest to our clerk members who oversee Freedom of Information (FOI) and privacy programs but also to our other members who manage Information Technology (IT) and technology projects.
Of note on the statistics front, municipal sector institutions completed more than 80% of FOI requests within 30 days. More data related to the statistics can be found here. Among other highlights, was the release of new guidance on third-party contracting.
The IPC has also been active on artificial intelligence (AI). For instance, it released a joint statement with the Ontario Human Rights Commission on the use of AI technologies, as well as a set of principles with other privacy regulators in Canada on the development, provision and use of AI technologies.
The IPC reiterated a call for the modernization of MFIPPA and has continued to do so in this report with the following recommendations to the Province:
- Implement a strong and consistent privacy regime with equivalent protections across all regulated sectors in Ontario, including enhanced transparency and accountability requirements, robust security safeguards, and mandatory breach reporting to the IPC
- Ensure a strong legislative framework governing the use of AI technologies to ensure they are used in ways that respect privacy rights and prevent algorithmic biases and discrimination
As you will recall, we have been advocating for a comprehensive review and rewrite of MFIPPA to ensure that it addresses the biggest issues faced by administrators when it comes to administering the Act. Our MFIPPA submission also recommends solutions to help ensure the next iteration of the Act addresses new and emerging trends like AI, and provides recommendations for much needed clarity to promote accountability and transparency at the local level.