Ontario Privacy Commissioner issues new guidance for intimate partner violence professionals

The Ontario Information and Privacy Commissioner, Patricia Kosseim, has announced the release of a new guidance document aimed at helping professionals navigate privacy laws in situations involving intimate partner violence (IPV).

This initiative follows the coroner’s inquest into the 2015 deaths of Carol Culleton, Anastasia Kuzyk, and Nathalie Warmerdam in Renfrew County, which led to 86 jury recommendations to improve the handling of IPV cases.

In 2022, over 38,000 incidents of IPV were reported to police in Ontario, with the majority of cases involving violence against women and girls. The actual prevalence of IPV is likely higher, as many incidents go unreported. Recognizing IPV as a significant societal issue, several Ontario municipalities have declared it an epidemic, calling for a collaborative, multi-system approach to address its root causes.

Recommendation 78 from the inquest specifically called on the Information and Privacy Commissioner’s office to develop a plain language tool to aid IPV professionals in making informed decisions about privacy, confidentiality, and public safety. Commissioner Kosseim accepted this recommendation and, with her team, started developing the necessary guidance.

The team engaged with professionals in the justice, health, and social services sectors to understand the complexities involved in deciding whether to share personal information. Many professionals struggle with balancing confidentiality obligations to their clients against the urgent need to act in life-threatening situations. The guidance document, "Sharing Information in Situations Involving Intimate Partner Violence: Guidance for Professionals," addresses these concerns by clarifying when Ontario's privacy laws permit sharing personal information, especially when there's a serious risk to health or safety.

The Commissioner’s office also collaborated with the Woman Abuse Council of Toronto (WomanACT) to organize a focus group with IPV survivors. This group provided valuable insights into survivors’ experiences with safety and privacy, highlighting challenges such as linguistic and cultural barriers and systemic discrimination faced by Black and Indigenous women.

The guidance uses hypothetical scenarios and decision trees to offer practical recommendations, helping professionals feel more confident in lawfully sharing information. While consent remains a primary principle, the guidance explains that when consent is not feasible, other factors, including serious risks to health or safety, must be considered.

In a recent podcast, Commissioner Kosseim discussed the new guidance with Priya Shastri, director of programs at WomanACT. Addressing concerns that the guidance might deter women and girls from seeking help, Shastri emphasized the importance of transparency about valid consent. She argued that clear communication about privacy issues could build trust between caseworkers and clients, alleviating fears about sharing personal information.

The guidance aims to dispel misconceptions about Ontario’s privacy laws being a barrier to information sharing in IPV cases. By clarifying legal parameters, the document seeks to reduce unnecessary delays in sharing crucial information, ultimately saving lives.