Privacy Commissioner of Canada Submits Annual Report on Privacy Act

December 7th, 2008

Jennifer Stoddart, the privacy commissioner of Canada, has released her 2007-2008 annual report on the Privacy Act to Parliament (read online or download pdf).

I always find it a pleasure to read publications by Jennifer Stoddart because of her zealous and continual efforts to promote the right of privacy for Canadians.

Part of Jennifer’s report calls on the need for an eventual legislative overhaul of the Privacy Act. Because that is a gargantuan task, the Office of the Privacy Commissioner (OPC) has provided 10 Privacy Act quick-fixes that can address some of the Act’s shortcomings in the short-term:

  1. Necessity test” requiring government institutions to demonstrate need for personal information they collect.
  2. Broaden grounds for an application for Court review under section 41 of the Privacy Act; give Federal Court the power to award damages against offending institutions.
  3. Requirement to assess privacy impact of programs prior to implementation and to publicly report assessment results.
  4. Clear public education mandate.
  5. Greater discretion to report to Canadians on government institutions’ privacy management practices.
  6. Discretion to refuse/discontinue complaints where investigation is not in public interest.
  7. Eliminate restriction that Privacy Act applies only to recorded information.
  8. Require government institutions to report annually on a broader spectrum of privacy-related activities.
  9. Require ongoing five-year Parliamentary review of Privacy Act.
  10. Stronger provisions governing disclosure of personal information by Canada to foreign states.

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