Ready for Ontario's New Cybersecurity and Privacy Regulations?

Your public sector institution should be ready for a Privacy Impact Assessment or a review by the Information and Privacy Commissioner of your practices in response to complaints

The Ontario Government has introduced Bill 194, the Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024, on May 13, 2024. This proposed legislation aims to bolster cybersecurity and enhance trust in public sector institutions through new regulations on artificial intelligence (AI) systems and significant amendments to the Freedom of Information and Protection of Privacy Act (FIPPA). But what does this mean for public sector institutions, and how can they prepare?

What Changes Are Coming with Bill 194?

Bill 194 proposes comprehensive updates to FIPPA and introduces the Enhancing Digital Security and Trust Act, 2024. These changes are designed to modernize Ontario’s privacy and cybersecurity frameworks and respond to the growing threats in the digital landscape. Here’s a closer look at the key areas impacted by Bill 194.

Privacy Impact Assessments and Data Breach Protocols

One significant amendment to FIPPA is the requirement for public sector institutions to conduct Privacy Impact Assessments (PIAs) before collecting personal information in certain scenarios. This proactive step aims to identify and mitigate privacy risks associated with data collection.

Additionally, Bill 194 mandates robust data breach reporting, notification, and record-keeping obligations. Public sector institutions must report breaches to the Information and Privacy Commissioner of Ontario (IPC) and notify affected individuals, ensuring transparency and accountability.

Expanded Powers for the Information and Privacy Commissioner

Bill 194 also proposes expanding the IPC’s authority, enabling it to review public sector institutions’ information practices in response to complaints. The IPC could order institutions to discontinue certain practices or manage personal information differently, thereby strengthening oversight and enforcement.

The Enhancing Digital Security and Trust Act, 2024

This new Act aims to regulate AI systems and cybersecurity within public sector entities, including those governed by FIPPA and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), as well as children’s aid societies and school boards. Here are the three main areas it covers:

Artificial Intelligence Systems: Public sector entities will need to ensure transparency and accountability in their use of AI systems. They must establish frameworks to manage associated risks and provide public information about their AI applications.
Cybersecurity: The Act will set the stage for comprehensive cybersecurity regulations. Public sector entities must develop and implement programs to ensure cybersecurity and report incidents, aligning with federal legislative priorities.
Digital Information for Youth: The Act also protects digital information related to individuals under 18 and sets out a framework for regulations governing the collection, use, and disclosure of such information by school boards and children’s aid societies.

How Can Public Sector Institutions Prepare?

With the proposed changes under Bill 194, public sector institutions should start preparing now to ensure compliance and mitigate risks. Here are some steps to consider:

Develop a Privacy Impact Assessment Framework: Establish processes for conducting PIAs before collecting personal information to identify and address privacy risks proactively.
Enhance Data Breach Response Protocols: Implement robust procedures for reporting, notifying, and recording data breaches. Ensure your institution can respond swiftly to protect affected individuals and comply with reporting obligations.
Expand Cybersecurity Programs: Align your cybersecurity measures with industry standards and best practices. Develop comprehensive programs to safeguard digital information and infrastructure.
Ensure Transparency in AI Use: Create accountability frameworks for AI systems, ensuring transparency about how these technologies are used within your institution.

Guidance on Compliance

Is your institution ready for the new regulatory landscape? Ensure you are prepared for Bill 194’s potential impact by consulting with legal experts. For guidance on compliance with the proposed regulations and to provide feedback during the consultation period, contact Minken Employment Lawyers (Est. 1990) at 905-477-7011 or email us at contact@minken.com. Our experienced team is here to help you with your employment practices to ensure you understand your rights and obligations under the law.

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Please note that this article is for informational purposes only and does not constitute legal advice.

Ready for Ontario’s New Cybersecurity and Privacy Regulations?