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MFIPPA and Notice of Collection - FAQ

Background
Toronto Public Library is a public municipal institution and as such, is required to adhere to Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).  We are proud to offer wall space in some of our branches for artists to exhibit their artwork. Exhibitors often depict people as their subjects. A person’s image or likeness is considered personal information.
What is MFIPPA?
MFIPPA stands for Municipal Freedom of Information and Protection of Privacy Act. It is a law that covers municipal institutions, in this case, Toronto Public Library. MFIPPA regulates how municipal institutions collect, use, retain and disclose personal information.
How does this apply to my Art Exhibit at Toronto Public Library?
For the purposes of the use of Library space for art exhibits, if the Exhibitor has photographed, painted or reproduced in any way, images of any person or people as part of their artwork, and they wish to display images of people at a Toronto Public Library location, they must provide a “Notice of Collection” as mandated by MFIPPA. A “Notice of Collection” is provided to each of the people that will be on display.
What is a Notice of Collection?
A notice of collection lets the person in the image know that you have collected their personal information and you plan to display their image in a public library space. In large group situations, if it is not practical, the Exhibitor can post prominent signage providing the required notice to the large group.
What does a Notice of Collection look like?
The following is an example of a notice of collection for the Art Exhibit Space program:
The Toronto Public Library Board, through its operations at the Toronto Public Library, collects personal information on this form, and associated application and display materials, for the purposes of administering the Use of Library Space for Art Exhibits Program (“Program”), (including determining eligibility and award of space, communicating with applicants about the Program); and in addition to displaying submitted materials as artwork on a wall at a designated Toronto Public Library branch; reproducing and publishing the information submitted in the Toronto Public Library publications and promotional materials, including on its website. The Toronto Public Library Board collects the aforementioned information under authority of the Public Libraries Act, section 23(4)(f), and the Use of Library Space for Art Exhibits Program (“Program”), which it approved at its May 14, 2007 meeting. Questions about this collection can be directed to Program Manager, Adult Programs at the Toronto Public Library jgerroir@tpl.ca or 416-393-7785.
Does this apply to famous people?
Yes, MFIPPA applies to famous people.  You will need consent of any person or people whose image you would like to display at a Toronto Public Library branch.
What if the Individual in the work is now deceased?
Personal information does not include information about an individual who has been dead for more than thirty years. If they have been deceased for less than 30 years, a notice of collection must be provided to the Estate.
All my works are portraits of myself. Do I need to sign a notice of collection?
If the people depicted in your works are made up images or images of yourself, signing the contract is enough.
I am a street photographer and I do not have to provide a notice of collection to the subjects in my art in order to photograph them.
Artists who wish to display their works in municipal building, in the case, Toronto Public Library, are subject to MFIPPA. It is a law that regulates how municipal institutions collect, use, retain and disclose personal information. If the individual depicted is not aware that their image will be on display in a Toronto Public Library branch, the Exhibitor cannot display it.
Whose responsibility is it to provide the notice of collection to individuals whose image is being displayed?
It is the Exhibitor’s responsibility to make the person whose image is being displayed at a Toronto Public Library location aware that their personal information has been collected. (see Sample above)
Ideally, a notice of collection would be provided to each individual whose information is being collected. However, that may not be practical in large group situations. In those cases, prominent signage providing the required notice to the large group could be used.
Do I need a signed consent form?
If images of a person are to be used, it is advisable, and the current Toronto Public Library practice, to obtain a signed acknowledgement from that person for that use. Exhibitors selected will receive a sample notice of collection form when they receive their contract.
If requested by the TPLB, the Exhibitor agrees they will provide the signed notice of collection forms.
Do I need to keep my signed consent form?
Signed forms should be kept for the duration of the Exhibit.
How will the Library know if I delivered a notice of collection and gained consent?
Selected Exhibitors will be given a contract to review and sign. By signing the contract, the Exhibitor confirms and acknowledges that they understand and accept that they notified each identifiable individual and has made them aware of its intended use. At a large event, with adequate signage of the notice, the Exhibitor is not required to obtain additional consent.
What if I am taking pictures of a large group?
The ideal would be to obtain an individual acknowledgement from every person whose image may be used, or from the legal guardian of a person under the age of 18. However, if that is not practical, the next best approach is to ensure large prominent signage is present advising people that by attendance at the event or activity, they are acknowledging the use of their image for the specified Toronto Public Library purpose, which could also be used for publicity and promotion.
Offering individuals a mechanism to opt out, such as wearing a sticker or badge, would also be helpful to allow individuals some control over whether their information is collected. The Exhibitor should keep a copy of the notice of collection used at the event.
What if I used a general notice of collection at my large event rather a specific Art Exhibit program sign?
If images or the likeness of a person are to be displayed in a Toronto Public Library building, it would be necessary to provide a notice of collection for the specific use and a general sign would not be sufficient.
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