Prescribed Reporting to the Information and Privacy Commissioner 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.
Part X also creates a right to appeal to the IPC if an individual feels that their privacy has been breached or if they have been unable to gain access to or correct their personal information.
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 policy intent of Part X of the CYFSA is to improve accountability and transparency of service providers with respect to the collection, use, disclosure, and security of PI. In order to achieve this intent, the legislation requires that service providers develop information practices and report to the oversight body, the IPC, about their compliance with Part X on an annual basis.
•Provides a right of access for individuals to their PI and a right to request a correction to that information if it is inaccurate or incomplete;
•Requires that service providers protect and secure PI from unauthorized use and disclosure, and
•Requires that services providers keep a record of every time that they use or disclose PI in a manner that is outside of what was disclosed in its publically available statement of its information practices.
Policy Intent of Regulation:
The proposed regulation specifies what information service providers must provide as part of their annual report to the IPC. These reporting obligations align with privacy best practices related to access requests and privacy breach reporting.
Ministry of Children and Youth Services
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3
January 1, 2020