Regulation - LGIC
Proposed regulation to designate ICES as an extra-ministerial data integration unit under the Freedom of Information and Protection of Privacy Act
Regulation Number(s):
O.Reg. 366/19
Instrument Type:
Regulation - LGIC
Bill or Act:
Freedom of Information and Protection of Privacy Act
Summary of Decision:
ONTARIO REGULATION 214/23
made under the
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
Made: July 20, 2023
Filed: July 24, 2023
Published on e-Laws: July 24, 2023
Published in The Ontario Gazette: August 12, 2023
AMENDING O. REG. 366/19
(DATA INTEGRATION)
made under the
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
Made: July 20, 2023
Filed: July 24, 2023
Published on e-Laws: July 24, 2023
Published in The Ontario Gazette: August 12, 2023
AMENDING O. REG. 366/19
(DATA INTEGRATION)
Analysis of Regulatory Impact:
No significant direct compliance or administrative costs are expected as a result of this proposal.
The proposed regulatory amendment to designate ICES as an extra-ministerial data integration unit would provide the government better timed access to integrated, de-identified data for analysis which would support evidence-based decision-making. Specifically, these changes would enable the government to:
• expand access to high-quality, linked de-identified data that would help to implement, evaluate, and improve government's health policies, programs and services; and
• increase the government's capacity and expertise to develop evidence-informed policies and programs.
The proposed regulatory amendment to designate ICES as an extra-ministerial data integration unit would provide the government better timed access to integrated, de-identified data for analysis which would support evidence-based decision-making. Specifically, these changes would enable the government to:
• expand access to high-quality, linked de-identified data that would help to implement, evaluate, and improve government's health policies, programs and services; and
• increase the government's capacity and expertise to develop evidence-informed policies and programs.
Further Information:
Regulation
Proposal Number:
23-HLTC040
Posting Date:
June 9, 2023
Summary of Proposal:
On May 18, 2023, Bill 60, Your Health Act, 2023, builds on the initiatives laid out in Your Health: Plan for Connected and Convenient Care released on February 2, 2023, received Royal Assent. The Ministry of Health, in partnership with the Ministry of Public and Business Service Delivery, are proposing a regulatory amendment to designate the non-profit research organization Institute for Clinical Evaluative Sciences (ICES) as an extra-ministerial data integration unit (external data integrator) under the Freedom of Information and Protection of Privacy Act (FIPPA). The proposed regulation would enable the government to bolster data integration capacity and expertise to support evidence-based decision making that will benefit Ontario citizens.
The proposed regulatory amendment to designate ICES as an external data integrator would increase the government's technical and resource data integration capacity, bolstering the government's ability to use integrated de-identified datasets on social determinants of health (e.g., education, social services, health outcomes, etc.), to inform health-focused policy development, planning and evaluation to deliver more efficient and effective programs. De-identified data is data where all personally identifiable information has been removed to protect individual identities.
ICES is also a Prescribed Entity under the Personal Health Information Protection Act, 2004 and as a result, has been participating in the progressive oversight regime of Ontario's Information and Privacy Commissioner (IPC) for many years. The Institute is an organization with experience handling an array of health-related data, in addition to leading cutting-edge research in accordance with a robust data protection, privacy and security framework that is reviewed by the IPC every three years.
If designated through the proposed regulation, ICES will be required to ensure compliance with the requirements under FIPPA and the accompanying Data Integration Data Standards, such as access to information and reporting obligations and the need for the review of the IPC on ICES's data management, privacy and security policies for their extra-ministerial data integration unit.
If approved, the proposed amendment to O. Reg. 336/19 (Data Integration) under FIPPA is anticipated to come into force the day it is filed.
For further information, please review the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31 (ontario.ca).
The proposed regulatory amendment to designate ICES as an external data integrator would increase the government's technical and resource data integration capacity, bolstering the government's ability to use integrated de-identified datasets on social determinants of health (e.g., education, social services, health outcomes, etc.), to inform health-focused policy development, planning and evaluation to deliver more efficient and effective programs. De-identified data is data where all personally identifiable information has been removed to protect individual identities.
ICES is also a Prescribed Entity under the Personal Health Information Protection Act, 2004 and as a result, has been participating in the progressive oversight regime of Ontario's Information and Privacy Commissioner (IPC) for many years. The Institute is an organization with experience handling an array of health-related data, in addition to leading cutting-edge research in accordance with a robust data protection, privacy and security framework that is reviewed by the IPC every three years.
If designated through the proposed regulation, ICES will be required to ensure compliance with the requirements under FIPPA and the accompanying Data Integration Data Standards, such as access to information and reporting obligations and the need for the review of the IPC on ICES's data management, privacy and security policies for their extra-ministerial data integration unit.
If approved, the proposed amendment to O. Reg. 336/19 (Data Integration) under FIPPA is anticipated to come into force the day it is filed.
For further information, please review the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31 (ontario.ca).
Contact Address:
3rd Flr, 134 Ian Macdonald Blvd, Toronto, ON M7A 2C5
Effective Date:
July 24, 2023
Decision:
Approved