Appointment of the Information Commissioner Contents
Annex One: Elizabeth Denham’s CV
Experienced: Twenty years of experience in data protection/privacy and access to information – worked as a senior privacy regulator for 12 years in three different jurisdictions.
Knowledgeable: Thorough understanding of the related law, legal principles and decisions.
Collaborative: Able to balance and find common ground among multiple stakeholder views while upholding the values of privacy and openness.
Proactive & Innovative: Proactive approach to monitoring and enforcement of access/privacy laws.
Leading with Vision: Currently responsible for executive management of 40 professional staff for two independent offices of the legislature.
Clear Communicator: Clear and persuasive speaker (including presentations to parliamentary and legislative committees), balanced, accurate and fair in frequent media interviews.
CURRENT RESPONSIBILITIES
Commissioner 2010-present
Office of the Information and Privacy Commissioner for British Columbia
Registrar
Office of the Registrar of Lobbyists
- Appointed in May 2010 for a six-year term as Information and Privacy Commissioner and Registrar of Lobbyists for British Columbia. An independent officer of the Legislature, primarily responsible for enforcing the Freedom of Information and Protection of Privacy Act (FIPPA), the Personal Information Protection Act (PIPA), and the Lobbyists Registration Act (LRA).
- Leads enforcement of FIPPA, PIPA and the LRA, including issuing quasi-judicial decisions, levying administrative monetary penalties, making findings of fact and law in investigations, mediating disputes, investigating public interest issues, and development of policy papers and compliance guidance for organizations and public bodies. Many of these involve complex investigations of a highly sensitive and technical nature requiring a thorough understanding of the law, legal principles, decisions and practice in the interpretation, implementation and enforcement of information access and privacy legislation across Canada and abroad. For example, issued decisions on the use of GPS in the workplace, use of facial recognition software by the public sector, and use of automated license plate recognition by law enforcement agencies.
- Provides leadership and executive direction to 40 professional and administrative staff including adjudicators, investigators, policy analysts, technical and support staff. Promotes contemporary human resource practices and responsible use of limited financial resources.
- Adopts a proactive approach to monitoring and enforcement of privacy and freedom of information laws. Established a policy and technology team to conduct systemic investigations and monitor the latest developments in privacy and access, identifying areas where future work is needed. Established an external advisory board to ensure links with academic, business and other stakeholders.
- Established a professional working relationship with, and meet regularly with senior provincial officials, elected members and provincial Cabinet Ministers on a variety of access and privacy issues.
- Respected advisor to government on legislative reform and policy initiatives, including substantial collaborative work with government on the 2011 amendments to BC’s public sector privacy law; in 2012; initiated research and broad consultative work on law reform for the lobbying regulatory regime.
- Active spokesperson for information and privacy rights in a variety of forums including frequent speaking engagements in Europe, Asia, BC and Canada and am regularly interviewed by television, radio and print media.
- Spokesperson for information regulation on the national and international level. Recognized for work across Canada, Europe, Asia and the US. Engaged in national and international forums including the Global Privacy Enforcement Network, Executive member of the Asia Pacific Privacy Authorities, International Data Protection Commissioners’ Conference working group.
EXPERIENCE
Assistant Privacy Commissioner of Canada 2007–2010
Office of the Privacy Commissioner of Canada (OPC) Ottawa
- Appointed in 2007 as the Assistant Privacy Commissioner of Canada; a Governor-in-Council appointment with primary responsibility for enforcing the Personal Information Protection and Electronic Documents Act (PIPEDA), the federal privacy law that applies to private sector commercial activities
- Led enforcement of PIPEDA, including making findings of fact and law in complaint investigations, and development of policy papers and compliance guidance for organizations. Many of these were complex investigations of a technical nature requiring a thorough understanding of the law, legal principles, decisions and practice in the interpretation, implementation and enforcement of information access and privacy legislation across Canada. For example, led the Facebook investigation in 2008–9; resulting in a ruling that affected 350 million Facebook users worldwide.
- Provided senior management of and executive direction to approximately 60 professional and administrative staff including the OPC’s investigations, research and communications branches.
- Represented the Privacy Commissioner of Canada in national and international forums, including meetings of the federal, provincial and territorial commissioners, International Conference of Data Protection Commissioners, and international enforcement initiatives.
- Provided advice and testimony to House of Commons and Senate committees on the privacy implications of proposed legislation, government programs and private sector initiatives.
- Provided strategic and policy leadership and analysis on emerging information management, privacy and technology issues in Canada and abroad.
- Built strong working relationships with national industry associations, business leaders, civil society groups, government officials, consumer associations, and academia.
- Responsible for OPC’s regional presence in BC, the Prairie and Atlantic provinces, and Ontario.
Director, Private Sector 2003–2007
Office of the Information & Privacy Commissioner of Alberta (OIPC)
- As a member of the executive team, provided strategic, management and operational advice to the Alberta Commissioner on all aspects of the OIPC’s operations in Alberta.
- Responsible for implementation and enforcement of the Province of Alberta’s new Personal Information Protection Act, Alberta’s private sector privacy law, which was developed in conjunction with BC’s Personal Information Protection Act.
- Hired and provided senior management to a new team of professional investigators responsible for investigating and mediating complaints under the new Personal Information Protection Act.
- Developed and implemented new policies and procedures to ensure administrative and procedural fairness in investigations and enforcement of the law.
- Developed recommendations for the Alberta Legislature’s Personal Information Protection Act legislative review committee, with over 70% of recommendations accepted.
- Personally investigated or mediated over 100 complaint files, many of a high profile nature involving public reports of findings.
- Built strong partnerships with national stakeholder groups and their provincial and regional counterparts, including private sector industry associations, consumer groups, professional regulatory organizations, government agencies and health care bodies.
President 2001–2003
Denham & Associates Information Privacy Policy Consulting
- Founded and managed a privacy consulting firm.
- Provided privacy consulting services to over 45 public sector, private sector and non-profit organizations, principally in British Columbia, Alberta and Manitoba.
- Retained by the federal government as an expert advisor to 2001 review of the federal Access to Information Act.
- Conducted privacy compliance planning and assessments for health authorities, federal and provincial government bodies, professional regulatory bodies, colleges and school boards, oil and gas companies, retail organizations, telecommunications and information technology firms.
Director, Legal and Regulatory Affairs 1999–2001
Calgary Health Region (CHR)
- Developed and managed CHR’s corporate-wide program for legislative and legal services; direct responsibility for internal legal counsel and accountable for legal services by external law firms.
- Responded to complex governance, ethical and patient care issues that involved liaison with multiple stakeholders including patients, CHR’s medical, executive and communications’ staff, and media.
- Enhanced the patient advocacy program by consolidating and streamlining communication channels resulting in more effective mediation and arbitration services to patients.
- Directed the Information and Privacy program for the CHR during a period of political and operational sensitivity when CHR was inundated with complaints and access to information requests.
- Responsible for the management of 8 staff with an annual expenditure budget of approximately $1,000,000.
- Coordinated the CHR’s response and commentary to media and other stakeholders on proposed legislation and regulation.
Access to Information and Privacy Coordinator 1997–1999
Calgary Health Region (CHR)
- Developed and implemented CHR’s first program for compliance with Alberta’s Freedom of Information and Protection of Privacy Act and Health Information Act (Alberta’s health information privacy law).
Archives Advisor 1994–1997
Archives Society of Alberta
- Provided advice about archives procedures and practices to organizations and businesses embarking on an archival program.
City Archivist 1989–1994
City of Calgary
- Developed and enhanced City archives program and facilities for the City’s historical and municipal records, including significant outreach programs to the community that resulted in improved access and better response time for citizen requests.
- Designed and implemented a state-of-the-art, environmentally controlled facility and public reference and exhibit area to house the 1988 Olympic Winter Games records and artifacts.
City Archivist 1983–1989
City of Richmond
- Developed new information management and archival program for the City of Richmond.
RELEVANT COMMITTEE / BOARD EXPERIENCE
Director, Canadian Advisory Board, International Association of Privacy Professionals 2011 - present
Director, Pacific Opera Victoria, 2013 - present
Member, Research Ethics Board, University of Calgary, 2000–2004
EDUCATION
Master of Archival and Information Studies, University of British Columbia - 1984
Bachelor of Arts (History and Political Science), University of British Columbia - 1981
AWARDS
University of British Columbia Distinguished Alumni award for leadership in the field of access and privacy - 2011
Queen Elizabeth II Diamond Jubilee Medal for public service to British Columbians - 2013