The Data Standards for the Identification and Monitoring of Systemic Racism, also known as Ontario’s Anti-Racism Data Standards (Standards) were established to help identify and monitor systemic racism and racial disparities within the public sector.

The Standards establish consistent, effective practices for producing reliable information to support evidence-based decision-making and public accountability to help eliminate systemic racism and promote racial equity.

The Government of Ontario is committed to helping to create an inclusive and equitable society for all Ontarians. By identifying and monitoring systemic racial disparities, public sector organizations will be better able to close gaps, eliminate barriers, and advance the fair treatment of everyone.

Purpose

The purpose of the Standards is to set out requirements for the collection, use, disclosure, de-identification, management, publication and reporting of information, including personal information. They help enable public sector organizations (PSOs) to fulfil their obligations under the Anti-Racism Act, 2017 (ARA) to identify and monitor racial disparities in order to eliminate systemic racism and advance racial equity.

Legal Authority

The Standards have been made by the Minister Responsible for Anti-Racism under the authority of s. 6(1) of the ARA and have been established by approval of the Lieutenant Governor in Council. The Information and Privacy Commissioner (IPC) and the Ontario Human Rights Commission (OHRC) were consulted in developing them.

The Standards should be read alongside the ARA and its associated regulations.

Application

The Standards apply to PSOs, as defined in the ARA, that are required or authorized by the regulations to collect personal information related to specific programs, services, and functions. This includes personal information related to Indigenous identity, race, religion, ethnic origin, and other personal information listed in the regulations.

PSOs listed in regulations must comply with the ARA, and all or part of the Standards. The particular standards each organization must follow are specified within the ARA itself, and in the regulations.

The Standards do not replace, limit or diminish any responsibilities or obligations owed to persons under the Ontario Human Rights Code, 1990 (the Code).

Organizations that are not authorized or required to collect personal information in regulations made under the ARA may also be authorized to collect, use and disclose personal information for the purpose of identifying and monitoring systemic racism and racial disparities under other Acts, including the Code.

In such cases, organizations must follow the requirements of relevant legislation, such as the Freedom of Information and Protection of Privacy Act (FIPPA) or the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). Organizations may consider the Standards and the related guidance in developing and implementing any program to identify, monitor, and eliminate systemic racism and advance racial equity.

Scope

The Standards govern how organizations manage information, including personal information that is collected under the authority of the ARA. The purpose of collecting this information is to understand how systemic racism impacts Indigenous, Black, and racialized groups, and to identify potential racial inequalities.

The Standards set out requirements, rationale, and guidance at every stage from planning and preparation to analysis and reporting. This includes, collecting, using, disclosing, de-identifying, and managing information, including personal information.

The Standards do not provide guidance on how to mitigate, eliminate, or prevent adverse racial impacts and inequitable outcomes of policies and programs.

The IPC may review the information handling practices of any organization subject to the ARA to determine if the requirements under the ARA, the regulations and the Standards have been met. If the Commissioner determines that a practice contravenes the ARA or regulations, the Commissioner may order a PSO to stop the practice, destroy personal information collected or retained under the practice, change the practice, or implement a new practice.

How to use this document

In addition to specific Standards, this document offers rationales and guidance:

Standards
are requirements that apply to PSOs regulated under the ARA.
Rationales
provide reasons behind the Standards.
Guidance
describes exemplary practices and important considerations to take into account in complying with the Standards.

The Standards reflect consideration of the diverse functions, needs and operational realities of PSOs in Ontario.

Principles

These principles should be followed by organizations in interpreting and applying the Standards:

Principle 1: Privacy, Confidentiality, and Dignity
Protect the confidentiality of personal information, and respect the privacy and dignity of individuals, groups, and communities.
Principle 2: Commitment and Accountability
Be accountable for using the Standards to help eliminate systemic racism and advance racial equity.
Principle 3: Impartiality and Integrity
Apply the Standards impartially and promote public confidence in efforts to eliminate systemic racism and advance racial equity.
Principle 4: Quality Assurance
Make continuous efforts to ensure the quality of the personal information collected, to conduct analysis in a careful and thorough manner, and to verify the accuracy of reported findings.
Principle 5: Organizational Resources
Use resources in ways that fulfill the requirements of the Standards.
Principle 6: Transparency, Timeliness and Accessibility
Collect and report on information in a timely manner, making the information available to the public in a way that is clear, transparent, and accessible.

Overview of the Standards

  1. Assess, Plan and Prepare
    • Identify need and establish specific organizational objectives for personal information collection based on stakeholder and community input.
    • Determine organizational priorities and resources and conduct a privacy impact assessment.
    • Identify meaningful policy, program, or service delivery outcomes, and establish an analysis plan.
    • Establish data governance processes and develop and plan collection policies and procedures, including measures related to quality assurance and security of personal information.
    • Identify training needs and develop and deliver appropriate training and other resources to support compliance with the ARA, the regulations and the Standards, and relevant privacy legislation.
  2. Collect Personal Information
    • Communicate the purpose and manner of personal information collection to clients and communities.
    • Implement the collection of personal information based on voluntary express consent.
  3. Manage and Protect Personal Information
    • Implement processes for quality assurance and the security of personal information.
    • Maintain and promote secure systems and processes for retaining, storing, and disposing of personal information.
    • Limit access to and use of personal information
  4. Analyse the Information Collected
    • Calculate and interpret racial disproportionality or disparity statistics.
    • Apply thresholds and interpret whether notable differences exist that require further analysis and/or remedial action.
  5. Release of Data and Results of Analysis to the Public
    • De-identify data sets and results of analyses before making information public, consistent with Open Government principles.
    • Include results of racial disproportionalities or disparities in the reports to the public, along with thresholds used.
  6. Support and Promote Anti-Racism Organizational Change
    • Use information to better understand racial inequities, and to inform evidence-based decisions to remove systemic barriers and advance racial equity.
    • Continue to monitor and evaluate progress and outcomes.
    • Promote public education and engagement about anti-racism.
  7. Participant Observer Information (POI)
    • Plan to collect, manage and use POI with input from affected communities and stakeholders.
    • Implement the collection of POI according to requirements for indirect collection.
    • Have measures in place to ensure the accuracy of POI before use.

Periodic review

With involvement of affected communities, the Government of Ontario will review the Standards periodically to ensure that they continue to fulfill the purpose set out under s. 6(1) of the ARA.

The Minister Responsible for Anti-Racism will oversee the periodic review. The OHRC and IPC will be consulted before any amendments are made to the Standards