Information sharing agreements involving personal information can be complex and require careful attention to detail. The Treasury Board of Canada Secretariat (TBS) provides guidance on preparing such agreements to ensure they comply with privacy laws and protect the personal information of individuals.
The TBS guidance outlines a number of considerations that should be addressed when preparing information sharing agreements, including:
1. Purpose and Scope: Clearly define the purpose and scope of the information sharing agreement. This should include identifying the parties involved and the types of personal information that will be shared.
2. Legitimate Authority: Ensure that the parties have the legitimate authority to collect, use, disclose and share personal information.
3. Consent: Obtain consent from individuals before sharing their personal information, unless there is a legal basis for sharing without consent.
4. Transfer of Information: Include provisions that address the transfer of personal information, including how it will be safeguarded during transmission and how it will be stored and protected once it has been received.
5. Security Measures: Detail the security measures that will be used to protect personal information from unauthorized access and disclosure, including physical, technical and administrative controls.
6. Auditing and Monitoring: Establish provisions for auditing and monitoring the information sharing agreement to ensure compliance with privacy laws and the safeguarding of personal information.
7. Dispute Resolution: Include provisions for resolving disputes related to the information sharing agreement.
8. Termination: Detail the circumstances under which the information sharing agreement may be terminated, including notice periods and procedures for returning or destroying personal information.
9. Accountability: Detail the roles and responsibilities of each party for complying with the information sharing agreement and protecting personal information.
Overall, preparing information sharing agreements involving personal information can be complex, but following TBS guidance can help ensure that agreements comply with privacy laws and protect the personal information of individuals. By taking the time to carefully consider these factors, organizations can establish effective information sharing agreements that promote transparency and accountability while safeguarding personal information.