I’m Ian Linkletter, creator and librarian of the Canadian Privacy Library. Recently, the Canadian Privacy Library received a legal threat from Langara College, which claimed that they might file a lawsuit if I didn’t remove a public government record. They allege copyright infringement and misuse of confidential and proprietary information because I shared a Microsoft Office 365 PIA obtained through a Freedom of Information (FOI) request. However, they are the ones infringing on my rights! It is outrageous that a public college subject to the Canadian Charter of Rights and Freedoms would seek to restrict my freedom of expression, fair dealing rights, and academic freedom.
I founded this library with the dream of collecting Privacy Impact Assessments (PIAs) from every public post-secondary institution in the country and making them freely accessible. Starting with British Columbia, we sent FOI requests to all 25 BC public post-secondary institutions for PIAs from 2014-2024. We have received records from eleven institutions, fee estimates from eight, and requests for extensions from the remaining six.
Public bodies are required by the Freedom of Information and Protection of Privacy Act (FIPPA) to conduct PIAs when implementing technologies that handle personal information. They are also required by FIPPA to provide them upon FOI request.
Nicola Valley Institute of Technology’s (NVIT) response to my FOI request included a 2019 PIA for Microsoft Office 365 from Langara. This is not surprising, as PIAs are often shared between institutions. I added the Microsoft Office 365 PIA to the Langara College Privacy Impact Assessments webpage along with a nominative ChatGPT generated logo.
On Friday, July 5th, 2024, I received an email from Langara College (CC’ing two partners of a law firm) demanding the immediate removal of the Microsoft Office 365 PIA. Intimidated by the threat, I complied immediately and sought legal advice.
On July 11th, after considering my legal rights, I decided to restore the PIA, and it remains accessible today.
On Friday, July 19th, Langara’s lawyers sent me a cease and desist letter demanding that I remove and destroy the Microsoft Office 365 PIA and sign away my right to possess and share it.
They demanded I remove it too.
The Microsoft Office 365 PIA is a public record lawfully obtained through an FOI request. Any confidentiality in the Office 365 PIA ceased to exist when NVIT disclosed it to me under FIPPA. NVIT decided that it was a document falling within the scope of my FOI request and was not subject to any of the exceptions of disclosure. I am entitled to rely on NVIT’s decision to disclose, even if Langara College disagrees with it.
Despite their assertion that my sharing of the Office 365 PIA exposes the college to heightened risks of data breaches and privacy incidents, they have not been able to identify any specific information whatsoever that should be redacted. My FOI request is pending a response.
This brings us to the claim of copyright infringement, which seems to be a case of attempted censorship by copyright. Even if Langara College owns the copyright in the Office 365 PIA, my sharing of it does not constitute infringement of that copyright. My use falls under the exceptions of fair dealing for the purposes of research, private study, education, and criticism under sections 29 and 29.1 of the Copyright Act.
My legal counsel from Norton Rose Fulbright have responded to Langara College with the full legal basis for the Canadian Privacy Library’s continued sharing of the Office 365 PIA. Additionally, they have put this public college on notice that any proceeding is liable to be dismissed pursuant to the Protection of Public Participation Act, BC’s anti-SLAPP legislation.
I hope this puts an end to the matter and the college withdraws its threat to the library. I especially wish to thank Dylan Braam, Chris Wilson, and Madeleine Hodgson of Norton Rose Fulbright for defending my rights through brilliant legal counsel. I also wish to thank Grace Pastine for helping me access justice through Norton Rose Fulbright’s pro bono practice.
We can’t let threats like this become normal. Public colleges should get out of the business of restricting freedom of expression, and stop threatening libraries. Make SLAPPs weird. Protect public participation at all costs.
October Update
Langara College provided 21 PIAs in response to a May 2024 FOI request, and they are now hosted by the Canadian Privacy Library.