Privacy Act Modernization: Engagement with Indigenous Partners – What We Have Learned (so far) and Next Steps

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Spring 2020 – Spring 2021

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Table of Contents

• Introduction
• Executive Summary
• Questions for Input
• Part 1: Context and Summary
  • Why modernize the Privacy Act
  • Engagement with Indigenous partners
  • What we have learned so far from the Indigenous engagement
    • The modernization of the Privacy Act impacts First Nations, Inuit and Metis in unique ways
    • The Privacy Act is one part of the broader Indigenous data framework
    • Recognizing the diversity of Indigenous governments
    • Expanding the purposes for which information may be shared
    • Information-sharing agreements and interaction with federal government and Indigenous laws
    • Mitigating impacts on Indigenous individuals’ privacy interests
    • Researching and validating claims, disputes and grievances
    • Practical impediments to meaningful access to information and privacy protection
    • New governance mechanisms
    • Recognizing collective-based privacy interests
• Part 2: Moving Forward and Inviting Feedback on Potential Changes
  • Moving forward with Privacy Act modernization
  • Ideas for potential changes to modernize the Privacy Act
    • 1. Explicitly recognizing advancing reconciliation with Indigenous peoples as a purpose of the Privacy Act
    • 2. Adding a principle stating that a federal public body may disclose Indigenous individuals’ personal information under its control to an Indigenous government, organization or entity
      • A principles-based approach to personal information protection
      • Broadening the scope of disclosure to entities representing the interests of Indigenous peoples
        • A. The purposes for which the information can be disclosed without an individual’s consent
        • B. Recognizing the diversity of Indigenous governments
        • C. Disclosures of personal information to Indigenous organizations and entities
        • D. The transfer of personal information
        • E. Mitigating impacts on Indigenous individuals’ privacy interests
• Part 3: Questions for Future Discussion and Consideration
  • Mitigating impacts on Indigenous individuals’ privacy interests
  • New governance mechanisms
  • New oversight mechanisms
  • Protection of Indigenous peoples’ collective and unique privacy interests
• Conclusion and Next Steps
• Annex A. Backgrounder document provided to support bilateral engagement sessions

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