Advisory Council on Ethics and Modernization of Microdata Access - Meeting minutes for February 21, 2023

Date and location

February 21, 2023, 1:00 p.m. to 5:00 p.m.
Virtual meeting via MS Teams

Members

• Chantal Bernier, Co-chair, Global Privacy and Cybersecurity Group, Dentons Canada LLP (Chair)
• Anil Arora, Chief Statistician of Canada
• Mary Dawson, former Conflict of Interest and Ethics Commissioner, Lawyer
• Len Garis, Researcher and Adjunct Professor
• Ali Ghorbani, Cyber Security Chair, University of New Brunswick
• Robert Gordon, Executive Director, Canadian Cyber Threat Exchange

Regrets:

• David Robichaud, Ethics Professor, University of Ottawa

Statistics Canada guests/support

• Lynn Barr-Telford
• Mélanie Scott
• André Loranger
• Stéphane Dufour
• Kathleen Mitchell
• Eric Rancourt
• Josée Bégin
• Tom Dufour
• Pierre Desrochers
• Tony Labillois
• Ashley Edwards
• Martin Beaulieu
• Geneviève Jourdain
• Anne Ethier
• Farnaz Ahanin
• Vanessa Abdallah

1. Introductions and opening remarks

Anil Arora, Chief Statistician of Canada
Chantal Bernier, Co-chair, Global Privacy and Cybersecurity Group, Dentons Canada LLP (Chair)

Mr. Arora opened the meeting by welcoming members to the sixth meeting of the Advisory Council on Ethics and Modernization of Microdata Access (ACEMMA). He thanked members and noted that their skills and expertise are of the utmost importance to Statistics Canada (StatCan), and essential as the agency continues to modernize in an ethical and responsible manner, while delivering better access to data. Mr. Arora thanked Chantal Bernier for taking on the role of Chair of the Council and provided roundtable introduction of StatCan attendees and presenters. Ms. Bernier provided roundtable introductions of Council members and of the Privacy Commissioner of Canada. Ms. Bernier concluded opening remarks in stating that the meeting will further explore a need for guided balance between individual right to privacy and public interest in result of data. Furthermore, the relationship between statistics and privacy is critical when data is explored within the framework of the four Gs: Gather, Guard, Grow and Give.

2. Updates from the Privacy Commissioner of Canada

Philippe Dufresne, Privacy Commissioner of Canada

Mr. Dufresne noted that there is a need to protect privacy and to achieve public interest. Canadians want the ability to fully participate in society and the digital world. As a result, Canadians and their institutions need to be able to seize the benefits of technology and innovation in the private and public sectors. To achieve this, modernized laws are required both with respect to private and public sector. Of equal importance is the continued collaboration and work between the two agencies. Three key themes were discussed:

1. Privacy as a fundamental right
2. Privacy in support of the public interest and Canada's innovation and competitiveness
3. Privacy as an accelerator of Canadians' trust in their institutions

Mr. Dufresne noted that the collection of information must be limited to strictly what is necessary and proportional to achieve the objectives of an organization. It is equally important to train individuals handling the information on the importance of protecting privacy and having necessary mechanisms put in place to ensure policies and practices are respected on an ongoing basis. When individuals trust that their rights will be protected, they feel confident in participating freely in the digital economy and collaborating with their government and sharing information with the government.

Council members were pleased with the presentation provided by the Privacy Commissioner. Members emphasized the importance of working towards a culture of privacy in which Canadians feel that their privacy is protected while educating them to understand how and why their information is being sought and used. Companies must consider privacy at the front end to ensure they are being transparent regarding the purpose of information being collected and obtaining meaningful consent. Members agreed that the way forward is to continue to reform privacy laws in a manner that recognizes and protect privacy as a fundamental right, while at the same time supporting the public interest and innovation. It is of utmost importance to carry out both concepts in an integrated and balanced manner.

3. Data Ethics – General updates, refinement, and implementation of data ethics principles in the context of the necessity and proportionality framework

Martin Beaulieu, Chief, International Cooperation and Methodology Innovation Centre, Statistics Canada

Mr. Beaulieu shared progress and updates on activities on behalf of the Data Ethics Secretariat since their last presentation at the April 2022 meeting. A brief overview and summary were provided on the following concepts: the Necessity and Proportionality (N&P) Framework, the role of the Data Ethics Secretariat within StatCan, and the foundations of ethical considerations and the Six Guiding Principles. The Secretariat's next steps include integrating and refining existing processes, continuing communication efforts with partners, refining documentation on the guiding principles and the Trust Centre, developing training materials, and conducting research on specific topics.

Council members were pleased with the presentation. Members were impressed with Data Ethics Secretariat's structure and due diligence. The framework and guiding principles put into place allows for Canadians to trust StatCan as an agency regarding its ethical guidelines and principles. Members advised that it may be of interest for the Secretariat to share the questionnaire used for the guiding principles externally once the new version is finalized. Regarding areas for improvement, members expressed the following: (1) To be more specific of what the data will be collected and used for, and (2) With the recognition that the framework and guidelines will continue to be refined, the agency should publicize them more and the incredible work that Canada does regarding protection of data.

4. Disaggregated Data Action Plan

Tony Labillois, Director General, Justice, Diversity and Population Statistics Branch, Statistics Canada
Ashley Edwards, Acting Chief, Diversity and Sociocultural Statistics Division, Statistics Canada

Mr. Labillois and Ms. Edwards shared progress and updates on activities regarding the Disaggregated Data Action Plan (DDAP) on behalf of the DDAP Secretariat. A brief overview and summary were provided on the following concepts: DDAP's governance structure, framework, and accomplishments throughout the past year. The Secretariat's next steps include to continue engagement and communication to build trust and social license by carrying various activities such as engaging with Canadians on how to collect, continue consultations with stakeholders and key players, analyze and disseminate data, maintain an active presence on social media, develop and promote statistical standards at StatCan, develop additional visual tools to provide access to data, and expand disaggregated data assets. Council members were asked to reflect on the following questions and considerations:

• DDAP data is data for good. What can we do to reinforce that message?
• DDAP is anchored to Statistics Canada frameworks such as Necessity and Proportionality. Are there other examples of publicly trusted guidelines that we should be considering?
• How can DDAP further position Statistics Canada among the most trusted of public institutions? Who are the influencers and how do we better reach them? What are important key messages?
• What groups or communities can we target our trust message to that will result in the greatest return?

Council members were pleased with the presentation from DDAP and addressed several of the questions posed. Members emphasized the importance to continue consultations with stakeholders and key players in the decision-making process and program design, alongside informing. Providing context is key when reinforcing the concept that DDAP data is data for good, and to remain diligent of the messaging surrounding the results published from the program. Regarding key influencers, members noted the United Nations (UN) and other international bodies. Regarding groups and communities to target, members noted that sociologists may be a target of interest as a source of information and consultation, as they analyze society and alert on movements congregating around certain demographics.

5. Pilot project granting vDL access to researcher located in the United States (US)

Geneviève Jourdain, Director, Data Access Division, Statistics Canada

Ms. Jourdain shared an update on the pilot project granting vDL access to a researcher located in the US. The research project is in partnership with the Canadian Nuclear Safety Commission (CNSC). It was noted that access to the vDL has been granted to the researcher and that additional steps are to follow. Council members had no follow up questions and requested an update on the pilot project at the next Advisory Council meeting.

6. Roundtable and closing remarks

Anil Arora, Chief Statistician of Canada

Mr. Arora and Ms. Bernier thanked members and invited them to share their final thoughts.

Advisory Council action items

Action Items:

• Next meeting: October 2023 (tentatively).
• Provide update on pilot project granting vDL access to researcher located in the US at next meeting.

Considerations:

• Increase education for Canadians to better understand how and why their information is being sought and used and promote awareness surrounding how privacy works.
• Data Ethics Secretariat to share questionnaire used for the Guiding Principles externally once the new version is finalized.
• Regarding areas for improvement for the Data Ethics Secretariat: (1) Be more specific of what the data will be collected and used for, and (2) With the recognition that the framework and guidelines will continue to be refined, the agency should publicize them more and the incredible work that Canada does regarding protection of data.