Commissioner's message
“The future depends on what you do today.”
Mahatma Gandhi’s prophetic words remind us that our future is not predestined but is shaped instead by our present choices and actions. To me, this means being proactive, embracing change, and using our collective efforts and ingenuity to unlock new possibilities and build a better future for Ontarians.
As we navigate our rapidly evolving digital world, the IPC’s mission is resolute — to enhance Ontarians’ trust that their privacy and access rights will be respected. Our annual report offers an overview of our work over the past year to further this mission. It also describes our strategic plans and recommendations to address the access and privacy challenges that lie ahead in a future beyond imagination, where every aspect of our lives will be affected by technology in some way, shape or form.
As we navigate our rapidly evolving digital world, the IPC’s mission is resolute — to enhance Ontarians’ trust that their privacy and access rights will be respected."
- Patricia Kosseim, Information and Privacy Commissioner of Ontario
Privacy and transparency in a modern government
“We urge the government to continue showing leadership by pressing forward with a robust, granular, and binding framework for the responsible use of artificial intelligence technologies by public sector organizations. Clear and effective guardrails are needed to ensure the benefits of AI don’t come at the cost of Ontarians’ privacy and other fundamental human rights. Ontarians may want their public sector institutions to deploy AI technologies for the public good, but only if it is safe, transparent, accountable, and ethically responsible. Ultimately, innovative uses of AI must be supported and sustained by public trust.”
“Artificial intelligence technologies, and generative AI in particular, have the potential to generate damaging content that can sustain unfair biases and discriminatory practices, putting privacy and other fundamental human rights at risk. Strong legal and ethical safeguards are needed to ensure that AI technologies are used in an accountable, transparent, and ethically responsible manner that fosters public trust.”
Privacy of Ontario workers
Throughout 2023, Commissioner Kosseim continued to call on the government to address the serious gaps in statutory privacy protection for millions of Ontario workers. With the shift towards increased remote work arrangements, many employers have accelerated the use of monitoring technologies and AI as they seek new ways of tracking and evaluating employees’ performance. As a result, employees have never been under such intensive surveillance, creating undue stress and putting at risk their privacy in ways that may harm their productivity, creativity, autonomy, and mental well-being.
“Digital technologies offer employees new ways of working … Through technology, we are able to engage in ways that were previously unimaginable. The future is here and it’s critical that governments and organizations act now to protect the privacy of workers … particularly in Ontario, where statutory gaps leave them vulnerable to the risks of digital surveillance.”
“Government-held information is a valuable source of accurate and truthful facts about present and historical events. It’s an antidote to the increasing spread of toxic misinformation, and disinformation, that erodes trust in our democratic institutions. This joint resolution urges our respective governments to strengthen access to information legislation, promote stronger information management practices and summon the courage it takes to build a culture of openness and transparency through proactive disclosure.”
Celebrating democracy: Right to Know Week highlights
For Right to Know Week (RTKW) 2023, the IPC kicked things off with a commissioner’s blog and a podcast episode focused on breaking down barriers to access to information for women, A woman’s right to know: Closing the gender gap with access to information. Also, as part of RTKW celebrations, we launched a new suite of Interpretation Bulletins.
Children and Youth in a Digital World
Reflecting on five years of the Child, Youth and Family Services Act
In July 2023, as part of the legislated five-year review of the Child, Youth and Family Services Act (CYFSA), the IPC provided comments and recommendations on ways to strengthen the access and privacy protections under the CYFSA and its regulations.
FPT resolution on youth privacy
At our 2023 annual conference in Québec City, the IPC, together with our FPT counterparts, issued a joint resolution, Putting best interests of young people at the forefront of privacy and access to personal information.
Young people are increasingly susceptible to the unauthorized use and commercial exploitation of their personal information in ways that can negatively influence their behaviour and cause them harm. Yet, there are also wonderful opportunities for children to actively participate, grow, and flourish in the digital space. Recognizing this, the FPT privacy commissioners and ombuds discussed how to better protect youth’s privacy while also empowering them to navigate through the online world with greater confidence and autonomy.
Educate to protect and empower: Privacy Pursuit! lesson plans
The IPC was proud to see the IPC’s Privacy Pursuit! lesson plans chosen as one of three finalists out of nearly 75 entries for 2023’s IAPP Privacy Innovation Awards for North America and Latin America. The IAPP Privacy Innovation Awards’ goal is to celebrate ideas and programs promoting privacy and ensure the global privacy community hears about them.
“Educators play an important role in equipping Ontario’s children and youth with the knowledge and skills to navigate the digital world safely. By integrating privacy education into classrooms, we can empower students to protect their personal information, make informed choices, and become responsible digital citizens. Together, we can build a generation that values privacy and embraces the power of informed decision-making in the digital age.”
“I encourage educators to adopt the Digital Privacy Charter for Ontario Schools and to demonstrate — to their students, parents and communities — a true commitment to safeguarding the privacy and future of young Ontarians in a digital world.”
Empowering voices: The IPC’s Youth Advisory Council
“Today’s youth have grown up online, and no one knows or understands their needs, desires, fears, and challenges better than they do. Their fresh perspectives are an invaluable resource for supporting the IPC’s efforts to promote digital literacy and expand digital privacy and access rights for youth in a way that is relevant and meaningful to them.”
Trust in Digital Health
Next-generation law enforcement
Practical guidance on facial recognition with police mugshot databases
Following our 2022 joint FPT statement and privacy guidance on facial recognition for police, and in response to requests by interested parties, the IPC developed more specific Ontario-based guidance for police use of facial recognition technology in connection with mugshot databases. Facial recognition is an artificial intelligence technology that uses software to analyze sensitive biometric information to identify or verify a person’s identity. Despite the intended benefits, the technology presents legal, privacy, and ethical challenges, including risks of bias and inaccuracy and impacts on privacy and other fundamental rights, leading to ongoing regulatory debates about its use in Canada and worldwide.
“Until a clear and comprehensive legal framework for police use of facial recognition technology exists in Canada, I urge Ontario police services and police service boards that are currently operating or considering setting up a facial recognition mugshot database program to review their programs against our guidance as soon as possible, to ensure their program meets legal requirements and includes rigorous privacy safeguards and controls.”
IPC outreach by the numbers in 2023
The IPC’s year at a glance
The IPC creates a youth advisory council: Giving Ontario’s youth a seat at the table
Privacy Day event 2023: Building Trust in Digital Health Care
Commissioner responds to inquest jury recommendation related to intimate partner violence
Commissioner Kosseim delivers keynote address at the IAPP Canada Privacy Symposium 2023
Five-year review of the Child, Youth and Family Services Act
IPC comments to the Ministry of Children, Community and Social Services on changes to regulations under the Child, Youth and Family Services Act
Update to PHIPA Practice Direction #3
IPC publishes Interpretation Bulletins
IPC consults on M/FIPPA Code of Procedure
IPC sponsors unanimous resolution on AI and employment at Global Privacy Assembly
IPC joins Canadian privacy regulators in passing resolutions on the privacy of young people and workers
IPC and Canada’s information regulators call for modernization of the access to information regime
Info Matters wins Outstanding Technology Series at 6th Annual Canadian Podcast Awards
Release of guidance for administrative monetary penalties under PHIPA