Government Of British Columbia Passes Anti-Racism Data Act

On June 2, 2022, the Government of British Columbia (B.C.) passed the Anti-Racism Data Act (the Act).  B.C. is the first province in Canada to pass legislation that provides for the collection, use, and disclosure of personal information by public bodies (within the province) for the purposes of identifying and eliminating systemic racism and advancing racial equity.

The Act focuses on four key areas.  These areas are:

1. Continuing collaboration with Indigenous Peoples in a way that recognizes the unique identity of First Nations and Métis communities in B.C.
2. Working with racialized communities in implementing the Act.
3. Increasing transparency and accountability while preventing and reducing harms to Indigenous Peoples and racialized communities.
4. Requiring the provincial government to release data on an annual basis, and to periodically review the Act.

The Act provides that “a public body may collect personal information for the purposes of identifying and eliminating systemic racism and advancing racial equity.”  It is important to note that all disclosures of personal information by individuals for the purposes of identifying and eliminating systemic racism and advancing racial equity is voluntary.  Except for limited circumstances, public bodies that collect such personal information cannot withhold or limit any benefits or services to individuals who decline to provide their information.

Under the Act, before a public body can use personal information for the purposes of identifying and eliminating systemic racism and advancing racial equity, the public body must first publish a notice stating:

1. the purpose for collecting the personal information;
2. the legal authority for collecting the personal information;
3. the types of personal information that may be collected; and
4. the contact information of an officer or employee of the public body who can answer an individual's questions about the collection of personal information.

The Act also provides that: (1) data standards may be established regarding the variables and values for personal information that may be collected, used, and disclosed; and (2) data directives may be issued that, among other things, addresses the security of information or the de-identification of personal information.

Summary By: Olalekan (Wole) Akinremi