Protection of Privacy Procedure

Purpose statement

The purpose of this procedure is to:

Ensure compliance with the requirements, principles and intent of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) to foster public trust and confidence.
Ensure the privacy and protection of personal information by establishing the roles, responsibilities, principles and practices on how it is collected, retained, accessed, used, disclosed and disposed.
Define roles and responsibilities of town employees, elected officials, contractors, consultants, and volunteers related to the management of personal information.

Scope

This procedure applies Town of Oakville (town) employees, elected officials, contractors, consultants, volunteers, students and interns, public boards and agencies and to all personnel who have access to personal information that is in the custody or control of the town. This Procedure does not apply to employees' personal information.

Procedure

Collection Personal Information

The town shall only collect personal information that is required to provide its programs and services. Wherever possible, such information will be collected directly from the individual about whom it pertains. The amount and the type of information collected will be limited to that which is needed to fulfil the identified purpose(s).

Prior to the collection of personal information, the town must obtain consent from affected individuals for particular uses and disclosures of personal information prior to the collection of the information unless legislation permits otherwise. Where possible, consent will be expressed (rather than implied) and in writing.

Whenever the town collects personal information, a notice of collection shall be provided in advance of collection and obtain explicit consent from the affected individual, unless the legislation permits otherwise.

The Notice of Collection must include the following information:

the legal authority that permits the collection of the personal information;
the purposes for which the personal information is being collected, used, retained and disclosed; and
the name, title and direct contact information for an individual who can answer questions about the specific collection, use, protection and disposal of personal information.

Wherever practical, notices of collection are provided in written format. Verbal notices of collection can be used for service interactions where written notices are impractical, such as telephone interactions. Implied consent maybe obtained under some circumstances (e.g., a notice is posted in a publicly available space to inform individuals that their image may be captured where photography or videography is taking place, and they elect to enter the space).

Use and Disclosure of Personal Information

The town will ensure that personal information is used only for the purpose for which it was collected, for a consistent purpose, when the individual to whom the personal information relates consents to another purpose, or in accordance with MFIPPA. The town will take reasonable steps to ensure the accuracy of personal information in its records.

Personal information will only be disclosed in accordance with legislative requirements outlined in section 32 of MFIPPA and town procedures. Where disclosure is not clearly authorized under the legislation, the town will obtain the express consent of the affected individual to prior to doing so. Whenever personal information will be shared with third parties, the town will ensure that an agreement with provisions to protect personal information in accordance with this Procedure, related internal procedures, and MFIPPA is in place prior to any information being shared.

Protection Personal Information

Personal information must be secured from the point of collection to the point of destruction. The town will make reasonable effort to protect personal information from loss, theft, unauthorized access, use, disclosure, modification or destruction through

appropriate administrative, technical, and physical security measures and safeguards. Access to personal information within the town will be restricted to those staff members who need the information to carry out their job duties. The town will ensure that third party service providers adhere to this Procedure and include the requirement for similar level of protection in the contractual agreements. The town’s additional methods of protection include:

Staff training on privacy and the protection of personal information;|
Granting access to information on a need-to-know basis;
Technical measures such as passwords, audit trails, encryption and firewalls;
Physical measures such as locked filing cabinets and restricted access to stored information.

Access to and Correction to Personal Information

Individuals have a right to access their own personal information within a record that is in the custody or control of the town, subject to legislated exemptions and exceptions outlined in MFIPPA. Town staff must verify the identity of persons requesting access to their own personal information before granting access.

Town staff will accept and process a request for correction to an individual’s personal information where the individual demonstrates there are inaccuracies or incomplete information and is able to provide proof.

The town maintains a Personal Information Bank (PIB) to assist the public to identify where personal information may be recorded.

Request for access to or correction of personal information are to be made in accordance with the Town’s freedom of information guideline.

Retention and Destruction of Personal information

The town will only retain personal information for as long as necessary to fulfil the stated purpose as identified in the Records Retention By-Law and MFIPPA in order to provide an individual with a reasonable opportunity to access their personal information.

Personal information will be disposed of in accordance with the town’s Records and Information Management policies, authorized destruction procedures and in a secure manner that prevents loss, misuse, theft, or unauthorized access given its format.

Privacy Breach and Complaints

The town takes privacy breaches seriously and investigates each suspected or actual breach. Staff members must immediately report all suspected or known privacy breaches or complaints to their supervisor and the Access and Privacy Officer upon discovery.

The Access and Privacy Officer shall conduct breach management activities as described in the Privacy Breach Response Procedure in conjunction with the affected department/unit, to determine the nature and scope.

References and related documents

Municipal Act, 2001
Municipal Freedom of Information and Protection of Privacy Act
Access to Records Procedure
Records Retention By-law
Closed Meeting Investigations Procedure
Integrity Commissioner - Inquiries/Advice Procedure
Open Data Procedure
Use of Corporate Resources During an Election Period procedure
Record of Council and Committee Proceedings Procedure
Elected Officials Records Procedure
Code of Conduct
Remote Work Arrangement Procedure
Information Technology General Use and Practices Policy
Information Technology General Use and Practices Procedure

Definitions

For the purpose of this procedure, unless otherwise stated, the following definitions apply:

Disclosure: the release of personal and confidential information by any method (i.e. sharing information by any means such as verbally, sending an email, posting online) to any person.

Disposition: the action taken with regards to personal and confidential information including destruction, transfer to another entity, or permanent preservation.

Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) R.S.O. 1990, c.M.56, as amended, and includes any regulations passed under it. MFIPPA governs the collection, use and disclosure of information by certain institutions in Ontario including municipalities.

Personal Information: MFIPPA defines Personal Information as recorded information about an identifiable individual. To qualify as Personal Information, it must be about an individual in a personal capacity, and it is reasonable to expect an individual may be identified if the information is disclosed. Examples of Personal Information include:

race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual,
education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved,
identifying number, symbol or other particular assigned,
address, telephone number, date of birth, fingerprints or blood type,
personal opinions or views of the individual except if they relate to another individual,
correspondence sent by the individual that is implicitly or explicitly of a private or confidential nature, and replies that would reveal the contents of the original correspondence,
views or opinions of another individual about the individual,
individual’s name if it appears with other personal information.

For more information, refer to MFIPPA s. 2(1).

Business Information: Information associated with an individual in a professional, business, or official capacity that is not Personal Information. Examples include name, position, title, business telephone number, and business email of an individual.

Privacy: this is a set of interests and rights that an individual has regarding their ability to control the collection, use, disclosure and disposal retention of their own personal information that is in the custody or under the control of the Town of Oakville. Privacy is not an absolute right in all situations. Personal information may be collected, used, disclosed or retained without the consent of individuals where specific legislation permits.

Privacy Breach: occurs when personal information is collected, retained, used, disclosed or disposed in ways that are not in accordance with the provisions of MFIPPA and/or corporate policies.

Privacy by Design: a methodology for proactively embedding privacy and data protection, into business practices, information technology and networked infrastructures at the beginning, in order to facilitate compliance with privacy and data protection principles, as outlined by the Information and Privacy Commissioner.

Personal Information Bank (PIB): describes the personal information under the control and custody of the town. This includes how personal information is collected, used, disclosed, retained and/or disposed of in the administration of the town’s programs and activities. Privacy Impact Assessment (PIA): the PIA is a process for identifying, assessing and mitigating privacy risks. A PIA shall be completed for all new and/or enhanced services, technologies, and/or systems that involve collection or use of personal information. PIA Privacy Impact Assessment Screening Questionnaire: a PIA Privacy Impact Assessment Screening Questionnaire is a preliminary assessment of a project, activity or service to determine if a PIA is required.

Record: Means any record of information however recorded, whether in printed form, on film, by electronic means or otherwise, and includes:

correspondence, a memorandum, a book, a plan, a map, a drawing, a diagram, a pictorial or graphic work, a photograph, a film, a microfilm, a sound recording, a videotape, a machine-readable record, any other documentary material, regardless of physical form or characteristics, and any copy thereof, and
any record that is capable of being produced from a machine-readable record under the control of the institution by means of computer hardware and software or any other information storage equipment and technical expertise normally used by the institution.

Use: the purpose(s) for which the information was obtained or compiled.

Responsibilities

The town is responsible for the personal information that we collect, retain, use, disclose, and destroy. The town will continue to develop policies and practices to ensure that personal information is handled in strict accordance with the Municipal Freedom of Information and Protection of Privacy Act.

All Employees and Volunteers:

Maintain the protection of personal information they collect, retain, use, disclose and dispose of for town business in all work environments and locations where the town business is conducted;
Take privacy awareness and training for the appropriate handling of personal information to understand their responsibilities to protect privacy in executing their operational duties;
Understand and adhere to their access and privacy responsibilities as noted in this procedure and other town policies and procedures;
Report any actual or suspected privacy breach arising from unauthorized, inadvertent collection use, or disclosure of personal information to their supervisor(s) and/or the Access and Privacy Officer.

Commissioners, Directors, Managers and Supervisors:

Along with the responsibilities noted above:

Be accountable for ensuring personal information is collected, used, disclosed and disposed in accordance with legislation and associated regulations, standards and other Town policies, and for compliance with this Procedure;
Implement this Procedure and communicate requirements to the employees under their direction;
Respond to requests for records from the Clerk’s Department in relation to access to personal information requests;
Ensure proper notice is given and/or the required level of consent is obtained prior to the collection or use of all personal information;
Restrict access to personal information to those individuals who require access to personal information in order to perform their duties and where access is necessary for the administration of their business;
In collaboration with the Clerk’s Department and Procurement/Purchasing staff, require vendors and contractors to comply with this procedure and that privacy rules and concerns are referenced in all procurement documents where personal information will be processed;
Require that employees, vendors and contractors maintain a level of privacy awareness appropriate with their responsibilities;
Inform employees of the legal and administrative consequences of any inappropriate or unauthorized access to, or collection, use, disclosure, or disposition of, personal information related to a particular program, service or activity;
Ensure privacy impact assessments are conducted in collaboration with the Clerk’s Department before procurement, and prior to implementation of any technology, system, program or service involving the collection, use, disclosure or disposition of personal information.
Report any actual or suspected privacy breach arising from unauthorized, inadvertent collection use, or disclosure of personal information to the Access and Privacy Officer.

The Town Clerk, through the Access and Privacy Officer, Freedom of Information Coordinators and other delegated employees, will:

Act as the Head under MFIPPA and as provided for through Council delegation;
Be accountable for overseeing the administration of MFIPPA and for decisions made under the above legislation;
Ensure oversight of and compliance with this procedure;
Develop and implement policies, programs and services to ensure awareness of access to information processes and protection of personal information based on Privacy by Design principles;
In partnership with service areas, ensure implementation of this procedure, review practices for collecting and managing personal information, and consult with employees to meet privacy requirements as identified in this procedure, applicable legislation, privacy standards and procedures;
Investigate and respond to complaints regarding the misuse of personal information or reports of privacy breaches following the Town’s Privacy Breach Protocol;
Provide recommendations and sign-off on any privacy impact assessments prior to the implementation of a new application, system, program or service involving the collection or use of personal information or personal health information;
Develop standards, procedures, guidelines, training material and other tools as required, to assist members of Council, employees and the public on matters pertaining to the collection, use and disclosure of information;
Ensure that legislative updates are incorporated into the town’s collection, use and disclosure processes;
Ensure that adequate processes for the destruction of personal information are in place and adhered to;
In partnership with the Human Resources Department, establish a training and education plan, including the development of online and in person learning opportunities to improve awareness of access and privacy requirements;
Be responsible for the receipt, coordination, response and sign off for all formal freedom of information requests received pursuant to MFIPPA in collaboration with all departments; and
Assist the public with requests for access to information as required.