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    Rep for Archivists Speaks at Hearing on PIPEDA

    Jun 13, 2017

    On behalf of the Association of Canadian Archivists, Greg Kozak, records manager and adjunct professor, recently addressed the ETHI Committee on the association’s views on the Personal Information Protection and Electronic Documents Act (PIPEDA).

    In brief, Kozak focused on a few areas of interest in an effort to affect existing or proposed legislation or regulations concerning the life cycle of records:

    1. Trustworthiness of records. Kozak cited several factors that threaten privacy protections, including the use of visual analytics and algorithms to mine data, and the long-term management of such de-identifiers as tokenization.
    2. Preservation of records. The ACA recommends preserving PIPEDA’s existing mechanisms that permit private organizations to donate records containing personal information to archives for long-term preservation; allowing archival institutions or programs falling under PIPEDA to acquire (“collect”) records containing personal information; and considering the implications of introducing a right to be forgotten or a right to erasure.
    3. The balance between the protection of an individual’s reputation and the integrity and authenticity of the public record. PIPEDA is already based on the principle that personal information be kept accurate, complete, and up-to-date. A wider application of this principle could rectify instances where incorrect or inaccurate personal information may result in reputational harm, reducing the need for a right to be forgotten.
    4. Cloud environment. The ACA believes PIPEDA should make a definite statement on the issue of jurisdictional location of data of private individuals, otherwise what happens to them will be mostly decided by legal opinion rather than by clear, consistent rules.

    Go here to see his remarks in total.

     This monthly advisory contains brief summaries of recent legislative and regulatory issues that may affect the management of records and information in Canada.

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