Ontario's Bill 194: Strengthening Cybersecurity in the Public Sector
In November 2024, Ontario enacted the Strengthening Cybersecurity and Building Trust in the Public Sector Act, 2024, commonly known as Bill 194. This legislation introduces significant measures to enhance cybersecurity and regulate the use of artificial intelligence (AI) within the province's public sector.
Key Components of Bill 194:
Enhancing Digital Security and Trust Act, 2024 (EDSTA):
Cybersecurity Requirements: Public sector entities are mandated to develop and implement comprehensive cybersecurity programs. These programs must encompass internal responsibility assignments, education and awareness initiatives, incident response strategies, and ongoing program oversight. The government holds the authority to establish technical standards and issue directives to ensure robust cybersecurity practices. blg.com
Artificial Intelligence (AI) Regulation: The Act imposes obligations on public sector entities regarding the use of AI systems. Entities are required to provide information about their AI systems, develop and implement accountability frameworks, and undertake risk management measures. In certain situations, they must disclose information and designate individuals to oversee AI system usage. ola.org
Amendments to the Freedom of Information and Protection of Privacy Act (FIPPA):
Privacy Impact Assessments: Institutions are now required to conduct privacy impact assessments before collecting personal information, ensuring that potential privacy risks are identified and mitigated proactively. fasken.com
Mandatory Breach Reporting: Public institutions must report privacy breaches to the Information and Privacy Commissioner of Ontario and notify affected individuals, enhancing transparency and accountability in handling personal data. fasken.com
Implications for Public Sector Entities:
The enactment of Bill 194 signifies Ontario's commitment to strengthening digital security and fostering public trust in governmental operations. Public sector entities, including provincial and municipal institutions, children's aid societies, and school boards, are now obligated to:
Develop Robust Cybersecurity Programs: Implement comprehensive strategies that address various aspects of cybersecurity, from internal governance to incident response.
Regulate AI Usage: Ensure responsible, transparent, and accountable deployment of AI systems, with appropriate oversight and risk management.
Enhance Privacy Protections: Conduct thorough assessments to safeguard personal information and establish protocols for breach reporting.
By adhering to these requirements, public sector entities will not only comply with the new legislation but also contribute to a more secure and trustworthy digital environment for the people of Ontario.
If you have questions about Bill 194, or how to become compliant, reach out to us at Edgeworx and we would be happy to help you navigate!
