Dear Archival Colleagues:

I want to provide you an update on the proposed Ontario Privacy of Personal
Information Act.

The Ministry of Consumer and Business Services (MCSB) received over 400
submissions in response to its draft privacy legislation.  Issues raised
include: the structure of the bill; publicly available information; fundraising;
implied consent; opt-in / opt-out approaches to consent; the regulation making
process; exceptions to consent; use of third party information; costs of
compliance; the destruction of records versus archival interests; and disclosure
time limits.

Since the release of the consultation draft, MCBS has been restructuring and
redrafting the proposed Act.  As part of this review, I understand that MCBS is
considering reducing the disclosure time limit for records that do not contain
personal health information.  The bill’s drafters are also considering
“staggering” the transition period for compliance on a sector by sector basis.

In order to meet its January 2004 deadline, the government plans to introduce
the proposed legislation late September or early October 2002.  In the meantime,
the Ministry has also planned meetings with stakeholders to discuss specific
issues being reconsidered for redrafting.  I am pleased to report that
“archivist associations” have been identified as key stakeholders.

Finally, I thank all of you who submitted your comments to MCBS or contributed
to the AAO’s submission.  The AAO is especially grateful to Terry Cook, Carolyn
Heald, Amy Marshall, Michael Moir, Don Richan, and Garron Wells for their
invaluable analysis of this privacy legislation.

Best Regards,
Loryl MacDonald
AAO President
(416) 978-7657