A new chapter begins for data privacy management with the recent appointment of Kerry Hatfield as the Information and Privacy Commissioner for Newfoundland and Labrador. Effective December 5, Hatfield takes the reins from Jackie Kavanagh, who held the position temporarily during the transition period. With over 20 years of expertise in legal matters related to access and privacy, Hatfield brings significant experience from her previous roles, including 11 years offering legal counsel to the Eastern Regional Health Authority.
Previously, Hatfield was named Director of Corporate Legal Services within NL Health Services after the amalgamation of regional health authorities. Her extensive background includes experience with regulatory compliance, data governance, privacy, and security within the health care sector. Before her tenure at NL Health Services, Hatfield was also a partner at a law firm based in St. John’s, honing her skills and knowledge on corporate governance, contracts, and procurement.
While Hatfield's appointment marks progress for data privacy oversight, the situation intensifies as the European Commission's recent learnings highlight significant failures concerning adherence to privacy regulations. According to the European Data Protection Supervisor, the EC's advertising campaign on X (formerly Twitter) last fall breached privacy laws by employing political micro-targeting to influence public opinion on the contentious chat control regulation proposal. This regulation aims to combat child sexual abuse material (CSAM) online but has faced backlash from digital rights activists concerned about potential mass online surveillance.
Reports from the regional privacy rights nonprofit noyb detail how the Commission's campaign focused on politically liberal and left-leaning users to 'flip' public sentiment on the 2022 CSAM draft law, which had previously faced deep scrutiny.
“Using political preferences for ads is clearly illegal,” declared noyb’s data protection lawyer Felix Mikolasch. He presented the complaint, showing how the EC unlawfully targeted specific groups without user consent, violating EU regulations.
The earlier proposed law to address CSAM saw the EU Council withdraw voting temporarily amid public outcry and fears of eroding online privacy. The advertising strategy reportedly aimed to exclude conservative audiences, encompassing sensitive political opinions without the explicit permission of users, which infringes EU data protection laws.
Meanwhile, the political environment within Newfoundland and Labrador has also stirred controversy surrounding privacy legislation compliance. Immigration Minister Sarah Stoodley is under scrutiny from the Opposition Tories, who are demanding the province's privacy commissioner investigate her for allegedly mishandling access-to-information requests.
On December 4, the final day of the House of Assembly's fall session, Stoodley controversially disclosed details relating to requests from the Tories on immigration efforts targeting the UK, before her department had even acknowledged receipt of the request.
Stoodley asserted her compliance with privacy law, claiming her aim was to furnish the legislature with relevant information. Yet the Tories accused her of “grandstanding” and acting contrary to the integrity of access-to-information legislation which is intended to preserve impartiality. Opposition House leader Barry Petten emphasized the importance of formally separating the handling of such requests from political influences.
According to provincial law, only specific civil servants involved with these requests are privy to the identities of the individuals filing them until the completion of the process. Stoodley's explanations have not put the Tories at ease, with critics asserting this breach undermines the very essence of trust in the access-to-information framework.
“The rules are about ensuring fair treatment,” Petten said, challenging Stoodley’s narrative. The government's own policy states the focus should be on the merit of the requests rather than their source.
This latest episode is not the first time the government’s efforts to attract international workers have been questioned, with prior situations involving misrepresentations about recruitment campaigns. Recently, the immigration department faced backlash for overstated claims about the success of its social media campaigns aimed at drawing attention to the impact of sponsorship for the fourth-tier English professional soccer club, Barrow AFC.
Returning to Hatfield's initial appointment, her experience and knowledge now become more relevant than ever as both government and regional bodies navigate the fraught waters of privacy regulations and public oversight. Despite the challenging circumstances she inherits, there is hope for steering Newfoundland and Labrador’s approach toward greater accountability.
Hatfield chose not to comment during this time of heightened scrutiny, perhaps indicative of her intention to prioritize due process over political maneuvering.
The interplay of data privacy, government policymaking, and public opinion continues to evolve across both local and international landscapes. With significant challenges on the horizon, the success of forthcoming initiatives will largely depend on the proper melding of transparency with public trust.
