In 2021, Quebec adopted Law 25, also known as Bill 64, to “modernize the framework applicable to the protection of personal information in various Acts.” Law 25 aimed to address the challenges posed by the digital era by making it mandatory for businesses to conduct assessments, such as Privacy Impact Assessments (PIAs). This article explores the significance of PIAs for businesses in ensuring compliance with the latest Canadian privacy laws. It analyzes the key elements of PIAs, the benefits of conducting them, and how to implement the findings to protect sensitive data and maintain customer trust. The article will also address recent changes to Canadian privacy laws and their implications on PIAs.
Privacy Impact Assessments (PIAs)
A Privacy Impact Assessment is a systematic process designed to evaluate the potential privacy implications of a project, initiative, or proposed system. PIAs involve the use of management tools to safeguard the privacy of citizens and consumers from intrusion driven by various technological techniques, such as those used in Big Data analytics.
Key elements of PIAs
PIAs are anticipatory strategies conducted on a project, not audits, with a broad scope that considers various dimensions of privacy, ranging from personal behavior to personal data. The assessment process emphasizes analyzing problems and establishing solutions. The key elements of PIAs, as per the Ministry of Government and Consumer Service of Canada, include:
- Preliminary analysis: Initially, the project will be reviewed to determine if it is necessary to gather, use, store, reveal, or dispose of private or collective data.
- Project analysis: Subsequently, information about the project and the parties involved will be gathered. This includes how the information will be collected, used, retained, disclosed, secured, or disposed of.
- Privacy analysis: This step involves recognizing the requirements under the Freedom of Information and Protection of Privacy Act (FIPPA) or the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), along with considering further risks and privacy implications. Strategies to mitigate or eliminate identified risks and impacts will be explored, and proposed solutions and their advantages will be analyzed.
- PIA report: Finally, approval to implement the proposed solutions will be obtained, and the findings and selected solutions will be integrated into a PIA Report. The project will be initiated, ensuring the full integration of PIA recommendations into the project plans and execution.
Benefits of conducting PIAs
PIAs have become an essential part of risk management in both the public and private sectors. They are implemented to safeguard the legitimacy and adoption of potentially intrusive technologies. Identifying potential privacy risks on time allows for developing solutions to mitigate these risks, minimizing reputational damage caused by improper data manipulation practices. Such solutions enhance the brand reputation among customers and the public.
Implementing PIAs is not entirely voluntary. They ensure the fulfillment of legal obligations concerning privacy laws, such as Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) or the Consumer Privacy Protection Act (CPPA).
A PIA is, however, not only a matter of transparency. If a corporation or a government aims to prevent long-term financial losses, a PIA may be an appropriate alternative. Analyzing and resolving potential problems related to privacy is more cost-effective than dealing with actual damages.
Implementing PIA solutions: The implementation of PIA solutions involves adjusting policies and procedures to align them with PIA recommendations and privacy laws, providing employee training and retraining to meet data protection standards, adapting the use of technology from a data protection perspective, and periodically reviewing PIAs to make changes if required to fully implement PIA solutions or align with new public and private data protection requirements, laws, procedures, and standards.
Canadian privacy laws: implications on PIAs
Canadian law has a long history, but recent legislation, such as the Consumer Privacy Protection Act (CPPA), which replaced PIPEDA, aims to adapt the law to the new digital landscape, where data collection has become a key driver of business performance. Like in other countries, the adoption of data-driven technologies for economic purposes opened up challenges in Canada on how to safeguard private digital data from customers and workers. Recent laws seek to improve citizen control over their personal data and maintain and improve levels of transparency, integrity, and goodwill for businesses. From this perspective, the adoption of PIAs, as a law obligation enforced by Law 25, is directly related to businesses’ digital performance, which strongly depends on Big Data management.
Sources
1. Towards a privacy impact assessment methodology to support the requirements of the general data protection regulation in a big data analytics context: A systematic literature review – https://www-sciencedirect-com.ezproxy.uniandes.edu.co/science/article/pii/S0267364921001138 (login required)
2. Privacy impact assessment: Its origins and development – https://www.sciencedirect.com/science/article/abs/pii/S0267364909000302
3. Quebec’s Law 25: What is it and what do you need to know? – https://www.onetrust.com/blog/quebecs-law-25-what-is-it-and-what-do-you-need-to-know/
4. ISO/IEC 29134:2017 Information technology — Security techniques — Guidelines for privacy impact assessment – https://www.iso.org/standard/62289.html
5. Planning for Success: Privacy Impact Assessment Guide – https://www.ipc.on.ca/wp-content/uploads/2015/05/planning-for-success-pia-guide.pdf
6. Bill 64 (2021, chapter 25) An Act to modernize legislative provisions as regards the protection of personal information – https://www.publicationsduquebec.gouv.qc.ca/fileadmin/Fichiers_client/lois_et_reglements/LoisAnnuelles/en/2021/2021C25A.PDF
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