Human Resources Legislative Update
Information and Privacy Commissioner of Ontario Releases Guidance on Information-Sharing in Situations of Intimate Partner Violence
Date: June 6, 2024
In May 2024, the Information and Privacy Commissioner of Ontario released Sharing Information in Situations Involving Intimate Partner Violence: Guidance for Professionals (the Guidance). The Guidance was developed as a result of a 2022 coroner’s inquest into three deaths caused by intimate partner violence (IPV).
The Guidance is helpful for organizations, service providers and staff in the justice sector, the children and family services sector, the healthcare sector and the IPV services sector.
Overall, it indicates that while privacy interests are important, they are not a barrier to protecting people’s health and safety. While seeking consent before sharing personal information is the recommended best practice, the Guidance provides that there are instances where a victim or survivor of IPV may have their personal information shared without their consent.
Specifically, the Guidance provides a detailed summary of the various provisions of the Freedom of Information and Protection of Privacy Act, Municipal Freedom of Information and Protection of Privacy Act, Personal Health Information Protection Act and Child, Youth and Family Services Act which identify the various circumstances in which IPV-related personal information may be disclosed. Depending on the statute, these include—in certain circumstances—where there is a risk to health and safety, where the disclosure is consistent with the purposes of the collection, and where cases involve disclosure to law enforcement bodies.
The Guidance also summarizes the relevant provisions of these statutes that relate to notification obligations (where they exist), the reasonable steps an organization must take to ensure the personal information is accurate, complete and up to date, and how an organization should address any limitations on the accuracy, completeness or currency of personal information.
Finally, the Guidance concludes by providing good governance advice regarding the sharing of personal information. It provides suggestions for clearly defined policies and practices for dealing with personal information related to IPV prevention.
For more information on your powers and duties as a custodian of personal information, please contact your regular Hicks Morley lawyer.
Zachary Demers is an articling student with Hicks Morley.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©
