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By Ashley Lavallee-Koenig and Josh Hall

will take, "a community effort"

Intimate partner violence the target of Canadian privacy regulators; local shelter reacts

Nov 29, 2024 | 1:05 PM

The executive director of Red Deer-based Central Alberta Women’s Emergency Shelter (CAWES) says recent work by Canadian privacy authorities to refine responsible disclosure of intimate partner violence (IPV) is positive news.

Recently, said authorities from each province issued a joint resolution to that effect.

It aims to empower organizations and their staff to make informed decisions about privacy, confidentiality, and public safety.

A release notes professionals in the justice, health care, and social services sectors play an important role in reducing or eliminating IPV. Private-sector entities, they say, can help identify and take reasonable steps to prevent potential IPV-related harm to clients and employees.

It’s added that a critical component of IPV prevention and mitigation includes the timely and responsible disclosure of personal information; effective information sharing could be the difference between life and death for an IPV victim.

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“This issue is of critical importance in Alberta and across Canada,” said Alberta Information and Privacy Commissioner, Diane McLeod.

“It is essential that public bodies, custodians and organizations, and their staff, have a full understanding of how to handle the disclosure of personal information in situations where intimate partner violence is involved. Alberta’s privacy laws do not prevent the disclosure of personal or health information where there is a risk to the health or safety of any individual.”

In 2023, there were 123,319 victims (aged 12 years and older) of intimate partner violence reported to Canadian police. This statistic very likely underrepresents the true number of IPV incidents nationwide.

Organizations have reported feeling conflicted about how to respond to inquiries regarding IPV situations due to concerns around confidentiality obligations and the risk of infringing on privacy rights, privacy authority representatives say.

Canada’s privacy regulators would like to affirm that Canada’s privacy laws generally permit disclosing personal information if there is a serious risk of harm to health or safety.

“With the lack of clarity regarding privacy laws among the general population, people may not be clear on what to do when individuals disclose that they are experiencing intimate partner violence, and therefore, even if they want to help, may be reluctant to do so,” says Danica Hoffart, executive director at CAWES.

“Current discussions around issues of privacy and reporting is a move in the right direction, as it reinforces that solving intimate partner violence must be a community effort. Individuals experiencing IPV may not feel like are able to report their situation due to psychological abuse or the threats to their life if they disclose their situation.”

Hoffart, whose organization took in 445 women and 264 children between April 2023 and March 2024, says many victims are not aware of the severe risks they face.

“Empowering organizations, companies, and community groups to learn about IPV — how to recognize it, and what to do when they become aware of it — ensures victims do not have to face these situations alone,” she says.

“By educating the community on how to best support victims, there is a much better chance for them to get the help they need. The goal is to remove the shame around reporting and dissolve the secrecy, so that victims are not dealing with these life-threatening situations alone.”

From March 2023 to April 2024, the shelter also turned away 1,345 women and 930 children. Those people are referred to other shelters and agencies, or to outreach services if they already have safe housing.

CAWES also took 2,088 crisis calls in that timeframe.

More specifically, the resolution calls for a collective effort from governments and organizations across Canada to develop governance frameworks for responsible information sharing in cases involving a risk of serious harm to life, health, or safety when certain conditions are met.

Further, the resolution urges governments to work with their respective privacy regulator or ombudsperson to ensure organizations develop clear privacy policies, conduct public education campaigns, develop culturally-sensitive and trauma-informed tools, and proactively disclose IPV-related data to help inform policymaking on the issue.

It calls too on public institutions and private sector organizations to create corporate policies on permissible disclosures; require staff training; adopt culturally-sensitive and trauma-informed approaches particularly among marginalized, racialized, or vulnerable groups and consider the unique experiences of Indigenous communities; be transparent and upfront about potential disclosures; ensure privacy and security safeguards are in place; and respect data minimization principles.

Canada’s privacy regulators say they are committed to working collectively to clarify permissible disclosures under their respective privacy laws by engaging with governments and other key interested parties to educate professionals, affected individuals, and the public on when and how personal information can be disclosed in IPV situations.

This October, CAWES opened phase one of its multi-million dollar redevelopment project, going from 15 rooms and 40 beds in its old shelter to 24 rooms and 50 beds; these are emergency shelter spaces (21-day stay).

Phase two will offer 17 more suites and 24 beds for shelter/transitional housing (6-12 months with wraparound services), and phase three will provide 23 suites with 31 beds of affordable housing (12 months).

In the new emergency shelter, each room has its own bathroom. Once complete, CAWES will have a total of 64 suites with 105 beds.