Service Provider Use of Personal Information for Research Purposes under Part X (Personal Information) of the Child, Youth & Family Services Act, 2017 (CYFSA)
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Decision:
Regulation in force on January 1, 2020.
Analysis of Regulatory Impact:
As part of its obligations under the Reducing Regulatory Cost for Business Act, 2017 (RRCBA), the ministry has conducted the Regulatory Impact Analysis (RIA) to identify incremental direct compliance costs, including administrative costs, to for-profit child and youth service providers (businesses). Under the RRCBA, the ministry is required to report on total incremental administrative costs to businesses. The majority of child and youth service providers subject to the CYFSA are not-for-profit service providers and are not included in this analysis.
The proposed regulatory provisions identified in this posting fall under the Part X (Personal Information) LGIC regulation (O. Reg. 191/18). Total annual incremental administrative costs to businesses associated with the Part X (Personal Information) LGIC regulation as a whole are estimated to be $180,000.
December 4, 2017
Summary of Proposal:
Overview of Part X:
The CYFSA received Royal Assent on June 1, 2017. Part X of the Act establishes a new personal information privacy framework for the sector which includes new:
•Rules for the collection, use, and disclosure of clients' personal information by service providers under the Act.
•Rights for children, youth and family members to access and correct their personal information held by those service providers.
•Ministry authority to collect data and information, including personal information from clients and service providers, for purposes such as monitoring and oversight, research, evaluation and system planning.
MCYS funds and/or licenses a variety of service providers to provide services across the child and youth sector. Some of these service providers are governed by the Freedom of Information and Protection of Privacy Act (FIPPA), the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), or the Personal Health Information Protection Act (PHIPA). However, many MCYS-funded service providers are currently not governed by any legislation that sets rules for the handling or sharing of personal information (e.g. Children's Aid Societies). Part X fills the 'legislative gap' in the child and youth service sector by providing consistent protections and rights for children, youth, and families related to their personal information.
Policy Intent in Legislation:
The Act provides service providers with the authority to use PI for research conducted by the service providers subject to any prescribed requirements and restrictions.The policy intent of this authority is to improve outcomes and experiences for children, youth and families through the appropriate use of data, including PI, for research.
Policy Intent of Regulation:
The proposed regulation outlines the requirements and obligations for service providers to follow to ensure that research is conducted ethically, privacy is protected, conflicts of interest are avoided, and community interests are represented.
This regulation is based on existing privacy best practices in research that specify such things as the content of research plans and the composition of research ethics boards (e.g. required expertise in ethics, research methodology, and privacy issues). The proposed regulation will strengthen privacy rights for children, youth, and families by involving community representatives in research reviews and ethics assessment processes. MCYS recognizes the need for community views, values, and concerns to be represented in the research decision-making process.
Ministry of Children and Youth Services
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3
January 1, 2020