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The Start-‐up’s Guide to Privacy

T U R N P R I V A C Y I N T O A C O M P E T I T I V E A D V A N T A G E



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IntroducIon to Privacy Privacy and the Law Privacy Gap Assessment Workskhop Panel: Privacy – Who Cares? The Start-‐up’s Guide – PracIcal Next Steps

Agenda The Start-‐up’s Guide to Privacy

January 2016



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DON’T PANIC



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Important DefiniIons

•  Privacy -‐ The right of an individual to control the collecIon, use, disclosure and retenIon of their personal informaIon

•  ConfidenIality -‐ The obligaIon of a health care provider (or other person) to protect the secrecy of personal informaIon

•  Security -‐ the tools and techniques we use to protect the confidenIality, integrity and availability of personal informaIon.



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Why Privacy?

•  Privacy legislaIon •  Advances in informaIon technology and data mining

•  Public expectaIons



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Privacy Principles

There is nothing new or difficult about privacy. Good privacy is: •  Good business pracIce •  Good informaIon management pracIce •  Good clinical and health care management pracIce

OrganizaIons that have good business, informaIon management and clinical management pracIces in place are likely in compliance with these principles already



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The Importance of Principles

•  Consistent applicaIon of privacy rights locally, naIonally and internaIonally

•  Defines with precision the privacy obligaIons of people handling personal informaIon

•  Provides a sound basis for a privacy protecIon program



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CSA Privacy Code

1.  Accountability 2.  Defined Purposes 3.  Consent 4.  LimiIng CollecIon

5.  LimiIng Use, Disclosure, RetenIon

6.  Accuracy 7.  Safeguards 8.  Openness 9.  Individual Access 10. Challenging Compliance



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Accountability

An organizaIon is responsible for personal informaIon under its control and shall designate an individual or individuals who are accountable for the organizaIon's compliance with the following principles.



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IdenIfying Purposes

The purposes for which personal informaIon is collected shall be idenIfied by the organizaIon at or before the Ime the informaIon is collected.



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Consent

The knowledge and consent of the individual are required for the collecIon, use, or disclosure of personal informaIon, except where inappropriate.



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LimiIng CollecIon

The collecIon of personal informaIon shall be limited to that which is necessary for the purposes idenIfied by the organizaIon. InformaIon shall be collected by fair and lawful means.



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LimiIng Use, Disclosure and RetenIon

Personal informaIon shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal informaIon shall be retained only as long as necessary for the fulfillment of those purposes.



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Accuracy

Personal informaIon shall be as accurate, complete, and up-‐to-‐date as is necessary for the purposes for which it is to be used.



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Safeguards

Personal informaIon shall be protected by security safeguards appropriate to the sensiIvity of the informaIon.



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Brendan Seaton and Rob Ford are admihed to hospital….

Who’s personal information is more sensitive?



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Openness

An organizaIon shall make readily available to individuals specific informaIon about its policies and pracIces relaIng to the management of personal informaIon.



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Individual Access

Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal informaIon and shall be given access to that informaIon. An individual shall be able to challenge the accuracy and completeness of the informaIon and have it amended as appropriate.



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Challenging Compliance

An individual shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals accountable for the organizaIon's compliance.



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7 FoundaIonal Principles of PbD

1.  ProacIve not ReacIve; PreventaIve not Remedial 2.  Privacy as the Default Sekng

3.  Privacy Embedded into design

4.  Full FuncIonality – PosiIve-‐Sum, to Zero-‐Sum

5.  End-‐to-‐end Security – Full Lifecycle ProtecIon 6.  Visibility and Transparency-‐ Keep it Open 7.  Respect for User Privacy – Keep it User-‐Centric



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Privacy and the Law

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