As organizations increasingly rely on digital processes to handle personal information, ensuring the protection of that data is critical for both legal compliance and maintaining public trust. The digital landscape can change the availability of data compared to analog solutions like paper filing systems, that only had limited copies of a document.

Knowledge of how this increased availability brought on by cloud-based data management solutions can be regulated is top of mind for many government organizations.

In British Columbia, as well as most of Canada, ‘public bodies’ (government bodies, agencies, or organizations) have an obligation to follow numerous regulations, including FIPPA (also known as FOIPPA). This requires them to complete Privacy Impact Assessments (PIAs) any time there is a new process or change to an existing process or service they provide.

In this guide, we will explore:

• what PIAs are,

• the benefits of PIAs and how they relate to Microsoft's products,

• and how you can get support for PIAs and your team’s compliance efforts.

A Privacy Impact Assessment (PIA) is a step-by-step process that evaluates how a program or service (internal or external) can impact a users’ privacy, particularly through the collection of any personal or sensitive information.

Completing PIAs allows each agency to track all uses of personal information within their domain, and more importantly, any risks associated with those uses. For example, even if a new process or system does not use personal information—which is rare, as even employee names or computer IP addresses count—a PIA is completed.

We have provided some additional resources below if you are curious and would like more info:

Privacy Impact Assessments - Province of British Columbia (gov.bc.ca)

Privacy Protection Schedule- Province of British Columbia (gov.bc.ca)

OIPC PIA Guidance Documents – Office of the Information and Privacy Commissioner for BC (oipc.bc.ca)

Microsoft's Data Protection Addendum (DPA) defines "Personal Data" as "any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.” (p. 22-23)

The DPA is a regularly updated addendum, or resource that further defines their product terms and conditions, that sets out Microsoft's obligations to existing customers concerning their data (including Customer data, Service data, and Private data).

Knowing what Microsoft qualifies as personal data is important in considering how it aligns with the public bodies’ understanding of personal data, or how provincial and federal guidelines define it.

While the DPA is the most relevant, you can read Microsoft’s official privacy statement if you are curious to learn more about their stance with information privacy.

Ensures Compliance with Privacy Laws

Conducting a PIA helps public bodies and organizations comply with privacy regulations like BC’s FIPPA and the Canadian Privacy Act, avoiding penalties and ensuring that all personal information is handled lawfully.

Identifies and Mitigates Risks

PIAs allow organizations to proactively identify potential privacy risks in new or modified processes, helping to mitigate issues before they become larger concerns.

Enhances Trust and Transparency

By conducting PIAs, organizations demonstrate a commitment to privacy and transparency, which can enhance trust among clients, partners, and the public.

Supports Informed Decision-Making

A PIA provides clear insights into the privacy implications of projects, allowing for better-informed decisions around data handling, technology implementations, and process changes.

Simplifies Audit and Documentation Processes

Regular PIAs help streamline privacy audits, FOI requests, and ensure that organizations have thorough documentation in place to meet any regulatory reviews or inquiries.

While the prospect of completing a PIA can be daunting—especially for government bodies or organizations with smaller privacy teams—Gravity Union can help alleviate agency concerns by demonstrating our expertise in navigating the complexities of PIAs. Teams looking to shift to cloud platforms like SharePoint Online might find the process overwhelming, particularly when considering the technical documentation required.

Gravity Union has a deep understanding of privacy regulations, specifically for BC-based public bodies. Before November 2021, FIPPA required data residency within Canada, which posed challenges for adopting cloud solutions. The amendments made in 2021 have removed this requirement, but many agencies still prefer to keep data local. Our team can guide you through these changes and ensure your PIAs are up to date.

In July 2024, Microsoft released Foundational Privacy Impact Assessments that include evaluations for Copilot and its latest AI features, which many public bodies will need to review and incorporate into their existing PIAs. Our team can support your organization in updating these assessments to include Copilot, ensuring you remain compliant with the latest technology developments.

Conclusion

Privacy Impact Assessments (PIAs) are a vital process to help ensure that personal information is handled correctly and that organizations remain compliant with privacy regulations. For agencies and organizations looking to stay ahead of compliance measures, the Gravity Union team is here to support you every step of the way.

Our consultants specialize in privacy, governance, and technology compliance, and can help streamline the PIA process for your organization, ensuring you meet all necessary regulations and protect the personal data in your care. For support with PIAs, data privacy and compliance, reach out to us today.

Want to learn more? Check out the Gravity Union Blog for more insights on compliance, governance, data privacy and more!