Executive Summary
The Department of Justice Canada has been leading efforts to modernize the federal Privacy Act, which is a key piece of Canada’s legal framework for protecting privacy interests. As part of this work, Justice Canada undertook an initial engagement with Indigenous governments and organizations from spring 2020 to spring 2021 to learn how a modernized Privacy Act could better reflect the needs, expectations and perspectives of First Nations, Inuit and Métis. Our discussions were summarized in our initial What We Have Learned (so far) and Next Steps report (“Initial Report”), published in March 2022.
Justice Canada’s 2022 engagement with First Nations, Inuit and Métis partners built on several themes and questions identified in the Initial Report that relate to the Privacy Act’s foundational principles and rules that play a significant role in governing information sharing between federal public bodies and Indigenous peoples.
This report summarizes the feedback received from 16 First Nations, Inuit and Métis partners in response to the questions identified in the Initial Report as well as feedback on other issues raised by partners. Overall, several consistent messages emerged on how to modernize the Privacy Act’s foundational principles and rules on information sharing between federal public bodies and bodies that represent the interests of Indigenous peoples. These messages included support from most partners to incorporate into a modernized Act:
- a purpose clause that recognizes advancing reconciliation as a purpose of the Act;
- updated terminology that appropriately recognizes the diversity of First Nations, Inuit, and Métis governments, with many preferring the phrase “Indigenous governing body” as already used and defined in various federal laws;
- broader disclosures of personal information for Indigenous governments or governing bodies; and
- privacy mechanisms to support expanded disclosures or transfers of personal information.
Partners also shared a number of observations with respect to the overarching Privacy Act modernization initiative, including the importance of aligning itwith the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration). Moreover, they further emphasized that any decisions about Indigenous peoples’ personal information should be made in partnership between the Government of Canada and those representing the interests of Indigenous peoples.
The report concludes with a description of our path forward for further engagement with First Nations, Inuit and Métis partners on Privacy Act modernization, which could include engagement on more detailed rules and complex questions that may need to be addressed to support any potential initial changes made to the Privacy Act, as well as other relevant policy ideas.
- Date modified: