Collecting, protecting and managing identity data

This section provides guidance on how to protect privacy, ensure data quality and ask questions in the right order when collecting information about Indigenous and racial identity.

On this page

• How to collect identity data securely and with purpose
• How to use identity data securely and with purpose
  • Planning your data collection and use
  • What collection and use notice are you required to provide?
  • ​How can you protect personal privacy and ensure data security?
• Ensuring data quality
• What do you need to consider when disclosing data?
• Additional policy considerations

How to collect identity data securely and with purpose

Ministries must ensure Indigenous and racial identity data is collected in a way that is secure and fulfills the purpose for which it is collected. 

What to do:

• Identify the legal authority under which the Indigenous and racial identity data is being collected. Your ministry privacy officer or Legal Services Branch can help you with this
• Have a clear purpose for collecting data and only collect the data that is necessary to achieve that purpose 
• Ensure collection adheres to any agreed upon limits or boundaries set by the community the data is about
• Use collection notices to communicate the purpose and authority for data collection to people providing their information. See the Anti-Racism Data Act Notification Guide and the Freedom of Information and Protection of Privacy Act Collection Notice Guidance for more information
• Seek out and reuse existing Indigenous and racial identity data where authorized and establish information sharing agreements as required. Your ministry privacy officer or Legal Services Branch can help you with this
• Instruct individuals not to include Indigenous and/or racial identity data of other individuals in free text fields (i.e. indirectly collect) beyond what is authorized by the Anti-Racism Data Act (ARDA) or another piece of legislation
• Identify and comply with applicable legislation, policies and standards. For example, document the purpose for data collection as outlined in the Data Management Policy. Legal Services Branch may be able to assist 
• Ensure the data is administered under an information schedule. Your government information management specialist or Legal Service Branch can help you figure out which information schedule applies
• Record and maintain metadata that describes the data and meets the minimum mandatory elements specified in the Core Descriptive and Administrative Metadata Standard
• Record information on collection methods, lineage, sample sizes, limitations, interpretations and other information relevant to understanding, using and disclosing the data

How to use identity data securely and with purpose

While ARDA has rules for the collection, use and disclosure of personal information, it does not set out requirements for the full data lifecycle. The Freedom of Information and Protection of Privacy Act (FOIPPA) rules apply for parts of the lifecycle that ARDA does not cover, including data storage and protection. In this way, the two pieces of legislation work together to ensure continuity across B.C.'s privacy and data management framework. There are legal authorities in both pieces of legislation which set out how Indigenous and racial identity data can be used.   

The most common reason to use data will be for a consistent purpose under section 32(a) of FOIPPA (for example: collecting someone’s name, racial identity information and contact information to contact them for qualitative research that will identify systemic racism).There may be other use authorities in FOIPPA that may apply as well.

When considering using Indigenous or racial identity data, it’s not enough to simply ensure you have the legislative authority to do so., You should also weigh the ethical considerations for using it. See the Data use: Cultural safety and preventing community harm section for more information.

ARDA section 4(1) allows data collected under another authority than ARDA to be used for the purpose of identifying and eliminating systemic racism. 

Planning your data collection and use

What to do:

• Determine and document the appropriate authority for data use and make sure to only use the data for that purpose. Your ministry privacy officer or Legal Services Branch can help you with this
• Ensure cultural safety and prevent community harm (see Data collection: Cultural safety and preventing community harm for more information)
• Ensure personal privacy is protected to an appropriate level by, for example, de-identifying information (see the De-identification Guidance (PDF) for more details) and ensuring outputs are safe. Your ministry privacy officer can help you with this
• Ensure data security is maintained while data is being used. See the section on protecting personal privacy for more information
• Review and follow other relevant policies and standards such as the Core Policy and Procedures Manual Chapter 12 and Data Management Policy
• When using small sample sizes, be aware that this can impact data analysis and disclosure. Decisions on when and how to withhold data to protect privacy, aggregate, or report on the data must be made on a case-by-case basis
  • The Data Innovation Program can provide a decision framework for producing safe statistics when working with small sample sizes – for assistance, please contact the Data Innovation Program at data.innovation.program@gov.bc.ca
  • The Guidelines for Output Checking (PDF), developed by Data without Boundaries, may also be helpful

What collection and use notice are you required to provide? 

Under ARDA and FOIPPA, public bodies must provide individuals with notice before collecting their personal information. This includes Indigenous or racial identity information.

ARDA also requires a use notice when information collected under another law is later used to identify and eliminate systemic racism or to advance racial equity. 

Your ministry privacy officer or Legal Services Branch can help you draft collection and use notices.

What to do:

• Provide clear, plain language and appropriate notices in line with the Anti-Racism Data Act Notification Guide and the FOIPPA Collection Notice Guidance
• Where possible give people notice that they may update or withdraw their identity information after it is collected:
  • Withdrawal of identity information will be most practical and appropriate when that information is not being used in ongoing projects
  • Updating information will be most practical and appropriate when collection is ongoing. If an individual’s identity information is being used in ongoing projects, you should apply their request to withdraw or update their information for any future projects using that information
  • If updates or withdrawals are not practical or possible (for example, due to anonymous data collection, de-identification of data with deletion of original data or survey closure), provide an explanation about why and note on the file that the request was made as required by section 29 of FOIPPA 
• When asking a person to provide their personal information under ARDA, inform them that:
  • Providing their information is voluntary, and 
  • No benefits or services will be withheld or altered if they decide not to provide their information unless it’s needed to deliver the benefit or service

How can you protect personal privacy and ensure data security?

What to do:

• Classify data in accordance with the Information Security Classification Standard. In most cases, data collected under the ARDA data standards will be classified as Protected B, but your ministry information security officer can help you decide 
• Ensure that Indigenous and racial identity data is stored in a secure environment in accordance with section 30 of FOIPPA, and the Office of the Information and Privacy Commissioner’s Security Self-assessment Toolkit (PDF)
• Comply with the Privacy Management and Accountability Policy, for example: 
  • Complete Privacy Impact Assessments (PIA) for new data collection and use activities 
  • Use an Information Sharing Agreement (ISA) for systemic data disclosures 
  • Record the PIAs, ISAs and personal information banks in the Personal Information Directory 
• Ensure that security threat and risk assessments are completed and kept up to date. Your ministry information security officer can help you with this
• Implement privacy and security best practices that follow the Five Safes model
• Ensure that workers can only access the data required for their roles and that permissions are reviewed and updated on a regular basis
• Ensure that data is appropriately masked or de-identified for research use, and mitigate the risk of re-identifying a person through the mosaic effect 
• Consider storing Indigenous and racial identity data and linking it to other administrative datasets in the Data Innovation Program, government’s secure analytical environment. This environment meets B.C.’s privacy laws and embodies world-leading best practices for data privacy and security
• Ensure that the data is retained and disposed of in accordance with FOIPPA and applicable information schedules under the Managing Government Information Policy

Ensuring data quality

High-quality Indigenous and racial identity data is essential for meaningful analysis and informed action. Ministries play a key role in making sure data is collected in ways that are consistent, secure and aligned with the Indigenous and racial identity data standards. 

Use standardized and accurate inputs

What to do:

• Collect Indigenous and racial identity data using secure digital means such as a web form. If paper and/or verbal collection methods are also needed, for example, to ensure accessibility or cultural safety, they should be aligned to digital collection to minimize discrepancies that reduce data quality 
• Enable the collection of high-quality data by collecting standard values instead of free text, where possible
• If free text collection is needed, record the raw data free of summarization and other interpretation, even if the data contains errors or discrepancies (for example, scan paper inputs, transcribe verbal inputs)
• Avoid rephrasing, paraphrasing or altering standard variables, values, questions and answer options. Ask for clarification about discrepancies at the point of collection if needed
• Validate inputs to ensure data values align to the Indigenous Identity Data Standard and Racial Identity Data Standard and prevent illogical combinations (for example, an individual cannot indicate they are “First Nations” AND “Not Indigenous”)
• Indigenous identity and racial identity values are not interchangeable. For example, someone can identify as Métis under the Indigenous identity variable and white under the racial identity variable. Neither value should be used to change or “correct” the other
• Implement system rules that allow variables and values to be conditionally included or excluded based on the responses a person provides
• Enable people to select multiple options where the Indigenous and racial identity data standards allow
• If you're doing research that requires alignment with the Statistics Canada and federal Employment Equity Act categories, be aware of which groups are included in which categories 

Maintain data integrity over time

What to do:

• Distinguish between raw data input and interpreted data such as derived data, statistical or grouped categories. Document the transformations and cleaning that were done to the raw data to get to interpreted data
• Provide a means for a person to review, update or withdraw the data previously collected as outlined in section 29 of FOIPPA
• Keep copies of relevant standards that help explain why and how data was collected in a particular way at a point in time to assist future longitudinal analysis and data interoperability
• Develop processes and procedures that enable older legacy systems to align with the Indigenous Identity and Racial Identity Data Standards and guidelines as much as possible and plan to increase alignment when systems are updated
• When using legacy data sets (for example, older data sets such as census data from Statistics Canada, or provincial administrative datasets) that do not align with the Indigenous Identity Data Standard or Racial Identity Data Standard, be transparent about which legacy data sets are used, explain why you are using them, and be clear about their limitations and what those limitations mean for interpreting the findings 
• You are not required to convert or re-code legacy data sets to match the Indigenous Identity Data Standard or Racial Identity Data Standard

Ensure human oversight and community safety

Artificial intelligence (AI) technologies can create efficiencies, but also have limitations, risks and potential for unintended consequences. This includes deepening systemic racism, biases and discrimination.

Ensure AI tools and outputs are reviewed and validated by human experts to avoid cultural safety issues, community harm and incorrect information. Refer to the Artificial Intelligence Responsible Use Principles and related guidance and policies for more information.

What do you need to consider when disclosing data?

The Freedom of Information and Protection of Privacy Act (FOIPPA) provides authorities to share Indigenous and racial identity data that is collected under the Anti-Racism Data Act (ARDA). The most common reason to disclose data is for a consistent purpose under section 33(2)(d) of FOIPPA (for example, sharing contact information and racial identity information with a different ministry to enable that ministry to contact individuals for qualitative research that will identify systemic racism). However, other disclosure authorities may also apply. 

Section 4(1) of ARDA allows data collected under another authority like FOIPPA to be disclosed to another public body or an Indigenous governing entity for the purpose of identifying and eliminating systemic racism.

What to do:

• Determine and document the appropriate authority for data disclosure. Your ministry privacy officer can help you with this
• If the data cannot be disclosed, document the reasons why
• Ensure cultural safety and prevent community harm
• Ensure personal privacy is protected to an appropriate level during disclosure, considering the sensitivity of the data and its intended use by the recipient, for example through information sharing agreements, de-identification (see the De-identification Guidance (PDF) for more details), safe outputs and/or suppression/masking of small sample sizes. Your ministry privacy officer can help you with this
• Ensure data security is maintained while data is being disclosed, for example, by using secure data transmission and receiver storage system
• If practical and authorized, plan for future opportunities to share collected data with other ministries to avoid repeat data collection and associated community harms
• Share data with Indigenous Governing Entities, the BC First Nations Regional Information Governance Centre or other Indigenous organizations 
• Disclose data under Open Data licence, if practical and appropriate
• Review the principles set out in the Indigenous data sovereignty section

Additional policy considerations

The Indigenous Identity and Racial Identity Data Standards and guidelines are part of a broader policy framework that includes:

• Government’s digital policies and standards
• Applicable legislation, including:
  • The Anti-Racism Data Act (ARDA)
  • The Freedom of Information and Protection of Privacy Act (FOIPPA)
  • The Information Management Act (IMA) 
• The United Nations Declaration on the Rights of Indigenous Peoples and the Declaration on the Rights of Indigenous Peoples Act
• The Core Policy and Procedures Manual, in particular, Chapter 12: Information Management and Information Technology Management
• Managing Government Information Policy (MGIP)
• Data Management Policy (DMP)
• Other government IM/IT policies and standards
• Other corporate policies, standards and strategic directions issued by government, including the Standards of Conduct for BC Public Service Employees, as applicable