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(changes to the Freedom of Information and Protection of Privacy Act)
On November 25, 2024, Bill-194 received Royal Assent – so what does that mean for you?
The Bill’s aim is to strengthen digital infrastructure and privacy protection within public bodies designated as institutions covered by the FIPPA*.
Cybersecurity and AI - Enhancing Digital Security and Trust Act, 2024
The Act introduces new cybersecurity and AI requirements for provincial and municipal institutions, children's aid societies, and school boards. Organizations must follow specific standards and protocols for their cybersecurity programs and AI systems, with additional safeguards for digital information about youth under 18.
Changes to the Freedom of Information and Protection of Privacy Act
The amendments to the Freedom of Information and Protection of Privacy Act strengthen privacy protection and introduce new reporting requirements for institutions.
Key changes include mandatory breach reporting, enhanced security measures for personal information, and expanded oversight powers for the Information and Privacy Commissioner (IPC). Organizations must now conduct privacy assessments, implement safeguards against data theft or unauthorized use, and to ensure that the records containing the information are protected against unauthorized copying, modification or disposal. In addition, strict notification protocols if breaches occur. There are also new provisions for protecting whistleblowers and changes to how customer service information can be handled.
However, the phrase "the devil is in the details" is an appropriate way to highlight the importance of pending regulations for Bill-194. Since the specific regulations have not yet been released, the full implications and potential impacts of the bill may not be fully understood until those regulatory details are made public. Readers and stakeholders should stay attentive to future regulatory developments that will flesh out the bill's practical implementation. As a result, many of the provisions of Bill 194 are not yet in force. The EDSTA and most of the FIPPA amendments will come into force at a future date proclaimed by the Lieutenant Governor
Although the new legislation may seem daunting or worrisome for most institutions, our organization was created to help institutions prepare and navigate the complex world of access and privacy with confidence. Contact us today to learn more about how we can help.
*Currently, changes to MFIPPA are not covered by Bill-194 – although anticipated in the near future.
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