2nd Session, 42nd Legislature
This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.
THE DIGITAL CONTACT TRACING ADVISORY COUNCIL ACT
|Bilingual version (PDF)||Explanatory Note|
(Assented to )
WHEREAS data collected from mobile phones, social networks and other networking technologies can provide information about the people who have been in close contact with infected individuals during a pandemic that is more precise than information collected through traditional methods;
AND WHEREAS collecting and using digital data during a pandemic could assist public health officials in tracing potential infections and immunities and allow for more targeted interventions that are less disruptive to the general population and to economic activity in the province;
AND WHEREAS the collection and use of digital data to trace people's close contacts poses a number of ethical and practical concerns;
AND WHEREAS it would assist in making decisions about the collection and use of digital data to have the concerns carefully considered and balanced against potential public health benefits by experts and members of the diverse sociocultural communities within the province;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"council" means the Digital Contact Tracing Advisory Council established by section 2. (« Conseil »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
The Digital Contact Tracing Advisory Council is hereby established.
The role of the council is to advise and make recommendations to the minister about the ethical, social, scientific and economic impacts of using data collected by mobile phones, social networks and other networking technologies during a pandemic for the purpose of advancing public health, including, but not limited to,
(a) the ethical framework that should guide the access to and use, ownership, control and protection of the digital data;
(b) any concerns raised by sociocultural communities within the province about the use of the digital data; and
(c) the relationship between private enterprises that have access to the digital data and the public health system.
The council is to consist of at least nine persons appointed by the minister who are experts in the fields of ethics, technology, science, economics and other relevant fields, or who represent sociocultural communities or other affected groups within the province, including the following:
(a) a person who has expertise in public health;
(b) a person who has expertise in human rights;
(c) a person who has expertise in cybersecurity;
(d) an ethicist;
(e) a data scientist;
(f) a representative of the LGBTTQ community;
(g) a representative of the Indigenous community.
A member of the council is to be appointed for a term not exceeding three years.
A member whose term expires continues to hold office until they are re-appointed, the appointment is revoked or a successor is appointed.
The minister must designate one of the appointed members of the council as chair and another as vice-chair.
The vice-chair has the authority of the chair if the chair is absent or unable to act or when authorized by the chair.
The council must meet at least
(a) four times in each year; and
(b) one additional time during each state of emergency declared under The Emergency Measures Act due to an outbreak of a communicable disease.
The council must prepare and submit to the minister an annual report that includes the following:
(a) information on the work of the council during the year;
(b) a summary of the recommendations and advice the council made during the year;
(c) any other information that the council considers relevant.
The minister must table a copy of the annual report in the Assembly on any of the first 15 days on which the Assembly is sitting after the minister receives it.
This Act may be referred to as chapter D75 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on the day it receives royal assent.