and Cooperation of:





Agenda
Wednesday, June 24, 2009
8:45am – 9:00am
Welcome and Opening Remarks
9:00am – 9:45am
Keynote Presentation: Office of the Chief Information Officer of Nova Scotia
Gregory Keefe
Chief Information Officer
Nova Scotia Office of the Chief Information Officer
Gregory Keefe
Chief Information Officer
Nova Scotia Office of the Chief Information Officer
9:45am – 10:30am
The clock is ticking...Time for concerted action
Suzanne Legault
Assistant Commissioner
Office of the Information Commissioner of Canada
The compliance model inherent in the federal Access to Information Act is weak. There is an urgent need to bring about a true culture of openness and transparency throughout federal institutions. Now, more than never, concerted action among all stakeholders is required, at all levels, to strengthen transparency as an important pillar of our democracy, and to allow Canada to regain its status as a leader in access to information.
Assistant Commissioner Legault will discuss the OIC's recent responses to the deficiency of the compliance model and the need to reform an outdated legislation. She will present the new business model the Office is implementing to improve the timeliness and efficiency of its investigative work and to maximize compliance across the system. The strategic use of systemic actions, in particular, offers significant opportunities for partnerships to help bring Canada's access to information system into the 21st century.
Suzanne Legault
Assistant Commissioner
Office of the Information Commissioner of Canada
Suzanne Legault was appointed Assistant Commissioner for the Office of the Information Commissioner of Canada on June 18, 2007. She heads the Policy, Communications and Operations Branch. In 2006, she participated in the Federal Public Servant in Residence Program and worked with Dr. David Zussman, Jarislowsky Chair in Public Sector Management at the University of Ottawa. Ms. Legault began her career in the Public Service in 1996 at the Competition Bureau, where she held increasingly senior positions, including Special Advisor to the Commissioner of Competition. She then served as Legal Counsel with the Department of Justice, before returning to the Competition Bureau where she was Assistant Deputy Commissioner, Legislative Affairs, then Deputy Commissioner, Legislative and Parliamentary Affairs. Prior to joining the Public Service, Ms. Legault practised law as a criminal defense lawyer from 1991 to 1996, as well as Crown prosecutor from 1994 to 1996. Ms. Legault holds a Bachelor of Civil Law and a Bachelor of Common Law from McGill Law School, which she obtained in 1988.
10:30am – 11:00am
AM Break
11:00am – 12:00pm
Breakout Session 1
1A: Breach Protocol
Ann Guinchard
Nova Scotia Associate Chief Information Access and Privacy Officer
Nova Scotia Department of Justice
Do you know what to do when a privacy breach occurs? Breaches can lead to serious implications for both the individuals whose personal information has been inappropriately disclosed and to the organizations that have breached an individual's privacy. This session will cover how to handle a breach, what the potential implications can be and how to draft a breach protocol. We will also discuss ways breaches can be prevented, and the importance of communications before, during and after a breach.
Ann Guinchard
Nova Scotia Associate Chief Information Access and Privacy Officer
Nova Scotia Department of Justice
Ann Guinchard is the Associate Chief Information Access and Privacy Officer for the province of Nova Scotia. She has a BSc (Hons) and a Masters of Environmental Studies from Dalhousie University. Ann began her governmental career with the Government of British Columbia, as the Senior Researcher/Standards Coordinator with the BC Ministry of Transportation and Highways. This was followed by information access and privacy protection management positions with the BC Information, Science &Technology Agency and the BC Ministry of Human Resources.
Following her approximately 10 years with the BC Government, Ann relocated to Ottawa where she was a Consultant with the Privacy Secretariat at the Canadian Institute for Health Information (CIHI). Part of her responsibilities with CIHI was to travel throughout Canada providing Provincial/Territorial privacy training. Before moving "home" to Halifax in August 2006, Ann completed her cross-Canada working experiences as the Director of Health Information Policy & Analysis and also the Privacy Officer for Saskatchewan Health. She has an extensive background in information access, privacy protection, development and interpretation of legislation, policy and program development, and training.
1B: Provincial Legislative Reform
Judy Wagner
Legislative Coordinator
Executive Council Office
Government of New Brunswick
Leslie MacLeod
Chief IAP Officer
NS Information Access and Privacy Office
Nova Scotia Department of Justice
A review of the recently adopted Privacy Review Officer Act of Nova Scotia. Once proclaimed, this legislation will bring independent privacy oversight to Nova Scotia public bodies. Judy Wagner will review New Brunswick's recently amended legislation that now Access to Information and Protection of Privacy bill which highlights the inclusion of school districts, additional provincial agencies, boards and commissions, universities, municipalities and other municipal organizations.
Judy Wagner
Legislative Coordinator
Executive Council Office
Government of New Brunswick
Leslie MacLeod
Chief IAP Officer
NS Information Access and Privacy Office
Nova Scotia Department of Justice
Leslie A. MacLeod is the Chief Information Access and Privacy Officer for the Province of Nova Scotia. She has been in that role since July, 2008. Prior to that she spent 10 years working as a government lawyer with the Legal Services Division of the NS Department of Justice. She holds degrees from the University of King's College and Dalhousie Law School.
1C: Standard Municipal Access Requests, Associated Release and Typical Exemptions
Sara Knight
Solicitor
Halifax Regional Municipality
What "typical access requests" do municipal units receive, how are they processed and how is the provision of the responsive records managed and what exemptions are usually applied to these requests. Sara Knight and Nancy Dempsey will provide an overview of Halifax Regional Municipality's experience in the managing of access requests.
Sara Knight
Solicitor
Halifax Regional Municipality
12:00pm – 1:00pm
Lunch
1:00pm – 2:00pm
Judicial Treatments of Privacy and Citizenship Post 9/11
Dr. Valerie Steeves
Assistant Professor
Department of Criminology and Faculty of Law
University of Ottawa
Dr. Valerie Steeves
Assistant Professor
Department of Criminology and Faculty of Law
University of Ottawa
2:05pm – 3:00pm
Breakout Session 2
2A: Difficult Applicants
Sandy Hounsell
Senior Research and Outreach Advisor
Office of the Privacy Commissioner of Canada
Whether we are a government body, a quasi-judicial oversight agency or a private sector organization, we must treat complainants and applicants with fairness, impartiality and respect. This can be very challenging with difficult complainants. How do you manage individuals who file voluminous appeals and requests, send volumes of letters and e-mails, push to change the scope of the investigation, demand certain behaviour or actions or threaten lawsuits and other action if you don't comply? This presentation will explore "unreasonable conduct," how to recognize it, its affect on the organization and how to manage it. The presentation will include suggested communications strategies and tactical actions for dealing with unreasonable demands and persistence, threats and abuse and dissatisfaction and disappointment.
Sandy Hounsell
Senior Research and Outreach Advisor
Office of the Privacy Commissioner of Canada
2B: IM and Access & Privacy - Relationship and Future Development
Christian Whalen
Legal Counsel
Office of the Ombudsman of New Brunswick
Christian Whalen
Legal Counsel
Office of the Ombudsman of New Brunswick
Christian Whalen is a Fredericton native and graduate of Carleton University, (B.A. '97) , UNB (LLB '89) and the Université Robert Schuman, (D.E.A. '93) which he attended as a French Government Scholar and Council of Europe Human Rights Fellow. He clerked with the Federal Court of Canada and was called to the bar in Ontario and New Brunswick. He worked in private practice, before serving as Legal Counsel first with the New Brunswick Human Rights Commission and now with the Ombudsman’s Office. He has specialized in privacy law since 1996, helping develop New Brunswick’s Protection of Personal Information Act and speaking on privacy law matters in the Atlantic Region. He has taught at St. Thomas University and volunteers extensively within the legal profession and in the performing arts sector. Christian lives in Island View, with his wife May Whalen and their four children.
2C: Creating Records from an Access Perspective
Frieda MacLaren
Provincial Access and Privacy Coordinator
PEI Provincial Treasury
This presentation contains information regarding what constitutes a record of government, what to consider when creating a record, establishing retention schedules, avoiding duplication, transitory notes, exceptions to the rules, along with other tips and best practices.
Frieda MacLaren
Provincial Access and Privacy Coordinator
PEI Provincial Treasury
Frieda began her career in information access and privacy in 2000. She was the office manager of the Freedom of Information and Protection of Privacy Implementation Team from June 2000 until November 1, 2002. Upon proclamation of the Act she was appointed to the position of Access and Privacy Assistant Coordinator. On April 29,2005, Frieda was appointed as the Provincial Access and Privacy Coordinator.
3:00pm – 3:30pm
PM Break
3:30pm – 4:30pm
Breakout Session 3
3A: Difficult Applicants
Sandy Hounsell
Senior Research and Outreach Advisor
Office of the Privacy Commissioner of Canada
Whether we are a government body, a quasi-judicial oversight agency or a private sector organization, we must treat complainants and applicants with fairness, impartiality and respect. This can be very challenging with difficult complainants. How do you manage individuals who file voluminous appeals and requests, send volumes of letters and e-mails, push to change the scope of the investigation, demand certain behaviour or actions or threaten lawsuits and other action if you don't comply? This presentation will explore "unreasonable conduct," how to recognize it, its affect on the organization and how to manage it. The presentation will include suggested communications strategies and tactical actions for dealing with unreasonable demands and persistence, threats and abuse and dissatisfaction and disappointment.
Sandy Hounsell
Senior Research and Outreach Advisor
Office of the Privacy Commissioner of Canada
3B: EHRs and Health Privacy
Michelle MacDonald
A/Manager of Privacy
Nova Scotia Department of Health
Facilitator: Dulcie McCallum
Review Officer
Nova Scotia Freedom of Information and Protection of Privacy Review Office
Fran White
Corporate Privacy Officer
Service New Brunswick
Michelle MacDonald
A/Manager of Privacy
Nova Scotia Department of Health
Facilitator: Dulcie McCallum
Review Officer
Nova Scotia Freedom of Information and Protection of Privacy Review Office
Fran White
Corporate Privacy Officer
Service New Brunswick
OPTIONAL 1/2 DAY WORKSHOPS - Thursday, June 25, 2009
8:00am – 9:00am
Breakfast and Workshop Registration
9:00am – 12:00pm
W1: Privacy Made Simple – A Tool Kit for the non-Expert
Robert P. Doherty
President
Access & Privacy Services
Please register for this session early, last year's workshop sold out!!!
More often than not, professional staff in many organizations are required to assume the duties of "privacy officer" without having formal training, or any previous experience. Even those who have some awareness of the world of privacy's Fair Information Principles are often challenged by the need to keep management attuned to the privacy needs of their organization as well as the day-to- day tasks of developing and monitoring policies and protocols. Meeting such challenges in an age of outsourcing personal information IT projects can be daunting, especially when the potential for a privacy breach with serious ramifications for the organization is just around the corner. Privacy is the "trust entrance window" for an organization, and is often the credibility test for other elements of the customer or client relationship. Of all this means that it is important to keep your privacy program simple but thorough, responsive but also anticipatory, and flexible but solid in its approach. There are basic tools that every private and public sector organization should have that respond to these challenges, and effectively meet privacy compliance obligations, but at the same time are systemic with mechanisms that automatically ensure currency and relevance.
This session will provide a practical guide for the inexperienced privacy officer, as well as the seasoned privacy professional who is seeking a manageable comprehensive approach to privacy protection for their organization. It will provide a summary of the privacy tools that an organization should use and an outline of the major components for each. The session will provide presentations, videos, and case studies related to the background and experience of the audience. There will be points useful to both public and private sector practitioners and the session will be tailored to be of use and interest to all attending.
Those attending the session will receive:
- a user-friendly flow-chart that navigates the confusing arena of privacy laws
- a check list of the key tools that you need to ensure are in place and operational
- Tips and components for a privacy policy and a privacy breach protocol
- some basic privacy security tips around shredding, memory sticks, and laptops
- a handy "vulnerability meter" with respect to possible U.S. claims on the personal information of Canadians held by the organization.
Robert P. Doherty
President
Access & Privacy Services
For the past 10+ years, Bob Doherty was Nova Scotia Government’s first full-time Freedom of Information and Protection of Privacy Coordinator. Located in the N.S. Department of Justice, his office provided policy guidance and advice on best practices in the field of access and privacy to more than 100 individuals in public bodies and municipalities in the Province. As well, his team each year developed and delivered numerous information, education, and training workshops and materials on the administration of Nova Scotia’s access and privacy laws. During his tenure as Nova Scotia’s FOIPOP Coordinator he also directed the development of the first mandatory Routine Access Policy in Canada, and was executive producer for a series of access and privacy best practice videos now in use in the province. He was one of the principal architects of amendments to the FOIPOP Act in 1998, and PIIDPA in 2006. He has been a guest panellist at access and privacy conferences across Canada, has taught access and privacy law at the Mount St. Vincent University Information Technology Program, and worked with the University of Alberta’s Information Access and Privacy Certificate Program. He holds a B.A. Degree from St. Francis Xavier University, an M.Sc. in Communications from Boston University, and an LL. B. From Dalhousie University. He retired from the N.S. Public Service on April 20, 2007 and plans to continue his professional career in the access and privacy field.
12:00pm – 1:00pm
Lunch
Please note that lunch can only be provided to delegates attending both optional workshops on Thursday, June 25.
1:00pm – 4:00pm
W3: Public and Privacy Sector Privacy in 2009
David Fraser
Chair
Privacy Practice Group
McInnes Cooper
David Fraser will lead an interactive workshop on the latest on regulations and privacy best practices, spanning the public and private sectors. The format will be flexible to make sure that the session focuses on what the participants want to learn. Issues will include:
Trends from the courts and the regulators.
Cross-border privacy issues:
How to manage Patriot Act blocking statutes
Crossing the border with electronic devices
Social networking sites and Web 2.0
David Fraser
Chair
Privacy Practice Group
McInnes Cooper
David is widely recognized as one of Canada's leading privacy law experts. He is the chair of McInnes Cooper's Privacy Practice Group, working with large and small clients to implement compliance programs for Canadian privacy laws spanning the public, private and health-care sectors. He regularly provides opinions related to Canadian privacy law and is a frequently invited speaker on this topic. David also acts for organizations and individuals in privacy complaints before regulators and in the courts.
David is the President of the Canadian IT Law Association. He is the Vice Chair of the National Privacy and Access Law Section of the Canadian Bar Association and co-chair of the Section's legislation and law reform committee. He has twice appeared before the Standing Committee on Access to Information, Privacy and Ethics of the Canadian Parliament and has contributed to the CBA's submissions on privacy law reform, criminal justice matters, submissions to the Arar Inquiry, the Air India Inquiry, to name a few.