- Province proposing legislation to better protect childrenโ€™s privacy and data in provincial settings -

The Ontario government intends to introduce legislation that would prohibit the misuse of data created by children and youth engaging with schools and childrenโ€™s aid societies.

The regulatory changes would enable the creation of protections to better safeguard childrenโ€™s information from being stolen or used inappropriately due to cyber incidents. Future regulations could include age-appropriate standards for software programs on devices, like laptops, used by students at school and strengthened standards for software procurement by schools to avoid the usage or selling of student data for predatory marketing by third parties.

โ€œThe evolving online world provides many opportunities for childrenโ€™s education and growth but there are risks to their privacy and the collection and use of their personal information,โ€ said Todd McCarthy, Minister of Public and Business Service Delivery. โ€œOur government wants our children to have a healthy, safe and age-appropriate digital experience when engaging with public sector organizations like schools which is why we are safeguarding their best interests by putting guardrails in place to better protect them.โ€

Studies indicate children are accessing the internet at a younger age than ever before and that the majority of programs for very young children collect their digital identifiers and share them with third party marketing companies. Experts agree that children are at greater risk of harms posed by digital platforms, and recent years have seen increasing instances of privacy violations, cyber-bullying and other data-related harms.

The Ontario government will collaborate with school boards, parents and groups overseeing children in provincial settings to ensure the right protections are introduced without affecting the quality of education or interfering with schoolsโ€™ ability to choose the right tools for the classroom.

The province will also consult with social media and tech industry experts, along with law enforcement, on ways to further crack down on cybercrimes and cyberbullying, trafficking and online victimization of children, as well as safeguards on access to age-appropriate web material and workarounds on software exploits in schools. Work is also underway to continue bolstering guardrails and safeguards to ensure artificial intelligence is used responsibly in the public sector, including schools.

โ€œAfter removing social media from school networks and devices, restricting cell phones in class and banning vaping, our government is taking additional action to further safeguard our children while they are online,โ€ said Stephen Lecce, Minister of Education. โ€œWe will be bringing in social media and tech industry experts to discuss how they can further curtail risks, specifically focused on cyberbullying, age-appropriate access to content, and cracking down on risks to kids while online. This is about protecting the physical and mental health of children.โ€

Quick Facts

โ€ข The proposed legislation would, if passed, provide a foundation to strengthen data and privacy protections, cyber security, responsible use of AI and customer service delivery.
โ€ข Potential protections could better safeguard childrenโ€™s data from being stolen or used inappropriately due to cyber incidents, like the recent ransomware occurrence at a large Ontario District School Board.
โ€ข This bill aligns with proposed measures that the government recently introduced with the Supporting Childrenโ€™s Futures Act, 2024 bill. If passed, these measures would further improve the safety, well-being and privacy of children and youth in care and other licensed out-of-home care settings.
โ€ข Feedback from prior consultations with sector experts and stakeholders, including the Information and Privacy Commissioner of Ontario, stress the importance of safeguarding childrenโ€™s information.
โ€ข In 2023, the Law Commission of Ontario issued a recommendations paper citing the lack of protections for youth, elderly and other vulnerable communities against risks in the digital marketplace.

"All children and youth deserve to have the supports and protections they need to succeed and thrive. These changes are another step forward in ensuring stronger privacy protections for children and youth whose personal information is held by childrenโ€™s aid societies."
- Michael Parsa, Minister of Children, Community and Social Services

SOURCE: Ontario Ministry of Public and Business Service Delivery

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