I don't know about you, but when I think of the word "sandbox," I'm brought back to my childhood when my parents built me and my siblings a rather large sandbox that was placed under an elevated porch. I spent a lot of time in that thing during the summer months, sometimes adding water to make the sand sticky so I could make towers or even create villages. Other times, I'd trace a Formula One racing circuit in the dry sand and then have my Hot Wheels cars take on the challenge.
Do kids these days play in sandboxes anymore? Apart from a few times at the beach, I don't think my kids did — probably a failure on my part as a parent.
Well, today sandboxes have an entirely different meaning and purpose. They are now these places — many virtual — where you can experiment with your new and innovative ideas in a controlled environment. Test, fail, repeat, until you don't fail. Being in Ottawa, I wish they had done a bit more of that with our silly light rail train system that never seems to work.
A fellow university professor at the Ottawa University Law School Teressa Scassa and an obviously very bright Ph.D. student Elif Nur Kumru released a very thoughtful paper about how regulatory sandboxes can be better used in Canada. At the time of doing this research and writing, professor Scassa was the scholar in residence at the office of the Information and Privacy Commissioner of Ontario, so there's a certain focus on Ontario. I think there's much to be learned — for all our regulators — in this paper.
Internationally, several countries' regulators utilize these tools to help innovation happen in a privacy-protective way. Mentioned in the paper are the Brazil, Colombia, France, Iceland, Norway, Singapore, Sweden, and the U.K.. I'm quite certain this list is going to get longer very soon.
Reading between the lines, I think Ontario might be next. But I think several regulators in Canada that might have the budget will be considering these tools, too. At least they should.
In my role as a lawyer that engages with regulators on behalf of clients, I've always thought the process in Canada is relatively helpful. I mean, at the very least, everyone around the table tends to be polite and respectful. But, sometimes, these engagements don't always reach the desired level of outcome or they lack a certain practical specificity.
I'd be happy to participate in regulatory sandboxes in this country. For one thing, I think it would help shed light on issues for all parties. But also, it would give me an opportunity to play with my Hot Wheels cars again.
Kris Klein, CIPP/C, CIPM, FIP, is the managing director for Canada for the IAPP.