1. FOIP and PIPA: A Little More than Kin and Less than Kind
Margaret Shane, BA, MLIS, IAPP-cert
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

2. 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.

3. 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

4. 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.

5. 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.

6. 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)

7. 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 …

8. Provincial Acts impacting ATA
FOIP Act – 1995
PIPA Act
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

9. 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.

10. 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

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

12. 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