The Information and Privacy Commissioner of Ontario and the Office of the Information and Privacy Commissioner for British Columbia have signed a memorandum of understanding on mutual assistance and information sharing in the administration and enforcement of laws protecting personal information.
The MoU boosts the collaboration between the commissioners, enabling them to aid, consult with, and disclose relevant information to each other with regard to matters under the Ontario and BC statutes. It sets a framework through which the commissioners can cooperate.
Under the memorandum, the commissioners will assign primary contacts to handle requests for assistance and other communications. They may conduct joint investigations, adjudications, or deliberations; they may also collaboratively make decisions and recommendations as well as release reports.
The commissioners may share information potentially relevant to ongoing or potential investigations of complaints, inquiries, audits, or reviews. They may also disclose information that could help commissioners in exercising powers or performing duties or functions.
The commissioners may refer complaints, inquiries, audits or reviews to each other or notify each other of possible contraventions where appropriate and with respect to relevant legal limitations. They are mandated to inform each other promptly should they be made aware that inaccurate, incomplete, or out-of-date information was disclosed.
The memorandum does not compel the commissioners to assist with or disclose information exceeding its scope or if it breaches applicable laws. They may also opt to not share information that conflicts with a commissioner’s important interests or priorities. In joint matters, neither commissioner has authority over the other.
The commissioners are required to exert best efforts in resolving disagreements arising from the MoU through either the primary contacts or direct discussion between the commissioners. Information shared under the memorandum is to be kept confidential, with further disclosure permitted only in line with applicable laws. The commissioner providing the information must provide explicit written consent for it to be shared further.
The commissioners are tasked with taking reasonable steps to securely transfer, store, and dispose of information shared under the MoU. Should any information be compromised through theft or unauthorized access, the impacted commissioner must take reasonable steps to secure and retrieve the information, limit a recurrence, and advise the other commissioner promptly.
Commissioners seeking to withdraw from the memorandum must issue a 30-day written notice to their counterpart, but not before exercising best efforts to consult together. Written mutual consent from both commissioners may also end the memorandum. If the MoU is terminated, both commissioners are required to maintain confidentiality and secure the information they obtained under the memorandum.
The MoU was signed by BC information and privacy commissioner Michael Harvey and Ontario information and privacy commissioner Patricia Kosseim last month.