FOIP and PIPA: A Little More than Kin and Less than Kind Margaret Shane, BA, MLIS, IAPP-cert Margaret.shane@ata.ab.ca 780-447-9429 What do I mean by “a little more than kin and less than kind?” Acts are first cousins to each other; they share some foundational DNA However, their interpretation and consequences for violation can be complex and far reaching Despite their kinship, they exist for very different reasons

The Privacy MEME a unit of cultural transmission, or a unit of imitation that can be transferred from one individual to another, and subjected to MUTATION, CROSSOVER, and ADAPTATION.

A Legal Right to Privacy? Warren and Brandeis – The Right to Privacy Harvard Law Review, December 1890 First expression of a legal right to privacy Driven by changes in technology: Kodak camera and the tabloid press Break down of boundaries between private and public spheres of life

Technology Drivers 1884, Eastman Kodak company produces inexpensive, mass marketed Kodak Brownie Candid public snapshots made possible – by public and by journalists Warren and Brandeis warned the Brownie would tempt the "sensationalistic press" that would erode boundaries between the public and private spheres of life.

Human Right and Democratic Right Warren and Brandeis first expressed a legal tort for privacy. Argued the law should enshrine a fundamental right of privacy. Argued for privacy as an inalienable right of a citizen. Notions of a democratic right of access to information would come later. Much later.

1980 Organization for Economic Development (OECD) Principles Foundation of all modern privacy legislation Specific purpose (for collection and use) Limited collection (to that data required to fulfill the stated purposes) Data Quality (accurate, complete, current) Limited use (limited to purpose except where consented to or required by law)

Security safeguards (protect against unauthorized use or disclosure) Openness (respecting policies, practices, scope of data held) Individual participation (access and challenge) Accountability Legislative activity resulted in …

Provincial Acts impacting ATA FOIP Act – 1995 PIPA Act - 2004 Public sector Authority driven Universal democratic right of access Limits state’s indiscriminate collection Limited tort for damages Private Sector Consent driven Limited right of access Focused on human right of privacy Limits collection Robust tort for damages

Collection Use Disclosure The Acts are structured around three categories of information handling in sync with the OECD principles: Collection Use Disclosure Collectively, the Acts impose rules and limitations in various contexts and govern all organizations in Canada.

To which we add… The Teaching Profession Act (TPA) The School Act The Code of Professional Conduct (TPA) Child, Youth, and Family Emergency Act Bill 44 Case law and OIPC Orders Student Record Regulation Various other regulations

Which Act Applies to Me? FOIP – At work interactions with Employer Board Delivery of services as employee Use of Employing Board’s networks: email, instant messaging, telephones, smart phones, memory sticks, laptops, - all FOIPable

PIPA – Dealings with the ATA Consultations with ATA Staff Local, Specialist Council, or Convention Authority executive work Consultants’ Corps volunteer work Committee participation Delegate to ARA Teacher Qualification Services Correspondence, case files, decisions