Common Look and Feel for the Internet

Important Notices Section

Overview

In consideration of the fact that electronic media is relatively new, and that every day hundreds of Canadians use it for the first time, it is important that GoC institutions provide information about the rights, responsibilities and legal obligations of the information provider and the end-user. Without overburdening end-users, institutions should demonstrate their compliance with the many policies and procedures that govern information dissemination through electronic media.

This can best be achieved through a standard hyperlink, Important Notices, to be located at the bottom of each Web page on every GoC site. Generally, CLF takes the position that material on GoC Web sites have been posted to support information dissemination through free public access.

Rationale

Standard wording and placement for information about rights, responsibilities and legal obligations associated with using materials found on GoC Web sites lends credibility to the information source and further demonstrates that all GoC information is subject to the same rules and regulations. Adopting a plain language approach to such notices helps users understand their purpose and better identify how the conditions apply in specific circumstances.

The link to the Important Notices is included on each page so that users can access the information when and where they choose.

Interpretation

• The placement of the Important Notices link must be located in the lower right hand corner of each content page.
• The placement of the Important Notices link on the Welcome Page depends on the location of the office providing the service.  See Standard 7.3(b).

5.1 Best Practices

Official Languages Notice (January 2003)
Hyperlinking Notice (January 2003)
HTML "mouse-over" Coding for Important Notices link (January 2003)
Forms (July 2000)
Mailto Tools (July 2000)

Wording for Official Languages Notice (January 2003)

In her report "Official Language Requirements and Government On-Line", the Commissioner of Official Languages recommended that the Treasury Board Secretariat "find innovative and appropriate ways (slogan, icon, etc.) for federal institutions to inform members of the public, on the home page of their Web site, of their right to receive information and to interact with the federal government in the official language of their choice". In response, it is recommended that departments and agencies use the following wording that has been provided by TBS Official Languages Branch for inclusion in their Important Notices statement:

Official Languages Notice

• (Insert department / agency name) respects the Official Languages Act and the relevant Treasury Board policies, and is committed to ensuring all information and services on this site is available in both English and French (or in one language only if a unilingual office). However, users should be aware that some information from external sources that are not subject to the Official Languages Act is only provided as a convenience and is available only in the language in which it was provided.

(Option for inclusion by those departments / agencies that provide information / services in more than one language) Information and services that are provided on this site in language(s) other than English or French are only provided as a convenience to the user when available.

Hyperlinking Notice (January 2003)

For further information about Hyperlinking, see the Best Practices for Standard 2.2 - Hyperlinking to and from GoC Web sites (January 2003).

It is recommended that departments and agencies use the following wording for their Hyperlinking Notice that has been vetted by TBS legal counsel for inclusion in their Important Notices statement.

Hyperlinking Notice:

• Links to Web sites not under the control of the Government of Canada (GoC) are provided solely for the convenience of users. The GoC is not responsible for the accuracy, currency or the reliability of the content. The GoC does not offer any guarantee in that regard and is not responsible for the information found through these links, nor does it endorse the sites and their content.
  Users should be aware that information offered by non-GoC sites that are not subject to the Official Languages Act and to which the [name of institution] links, may be available only in the language(s) used by the sites in question.

HTML "mouse-over" Coding for Important Notices link (January 2003)

Because of the additional notices that are being recommended for inclusion in the Important Notices document, we encourage departments / agencies to include the HTML coding to enable a "mouse-over" feature. This will display informative text when an Internet user's mouse hovers over a link (e.g. a list of the notices that are included in the "Important Notices" link):

<a href="http://www.tbs-sct.gc.ca/cioscripts/in-ai_e.asp?Who=/clf-nsi/" title="Privacy Notice, Official Languages Notice, Hyperlinking Notice, Copyright Notice">Important Notices</a>
Example: Important Notices

Note: The above solution does not work in Netscape. An alternative is currently being explored.

Forms (July 2000)

Forms are another means of providing users with a means of contact.

To best serve the public, forms should include fields for the user's name, E-mail address and mailing address, as well as a field where they can input comments, questions, or requests for information. As well, users should be given the opportunity to indicate their preferred method of receiving a response.

When personal information is being collected, users should be informed of their rights and responsibilities and the obligations of the institution regarding its protection. Although e-forms generally represent a separate page on Web sites, they are subject to the same CLF standards regarding the FIP identification of the institution, official languages and accessibility requirements.

Mailto Tools (July 2000)

The use of mailto tools has become a widely used convention on the Web and is an excellent means of enabling end-users to make quick comments about specific Web pages or topics. These tools offer a number of benefits in that users do not have to input their personal information because the message header automatically includes their addressing information, a date stamp and various other pertinent information. They can also easily be tailored to include the URL of the originating Web page in the subject line.

Mailto tools also have several disadvantages. Firstly, the client's browser must be configured to send E-mail (most systems are configured in this manner), and because all text is free-text input, it cannot be validated. The tool lacks an automatic confirmation or acknowledgement function, meaning there is no way to inform users that their correspondence has been received. To facilitate universal accessibility, the Internet address that MAILTO responses will be delivered to should be made visible for users who can not utilize this function. Although this will open up that address to SPAM, the risk is unavoidable.

Rationale

Inclusion of a plain language Copyright / Permission to Reproduce notice on the Important Notices hyperlink from all Web pages provides direct access to information regarding content ownership and the conditions associated with reproduction of materials posted on GoC Web sites.

The Internet provides a tremendous vehicle for distributing an enormous range of information to Canadians, when and where they need it. One of the GoC's goals is to give Canadians information that is easily identified as having been created and/or distributed by the Government of Canada. Through the act of posting information on this medium, institutions are essentially indicating they want individuals to use, and to share, information found in this freely available format.

The absence of a copyright notice does not mean that copyright does not exist; anyone wishing to reproduce materials from an institutional Web site is therefore going to require permission. Instead of responding to individual requisitions for permission, institutions should make extensive use of permission notices on their Web sites, i.e., a notice to the public indicating the terms and conditions on which the materials on the site may be reproduced without further permission from the author institution. In fact, a copyright notice without a permission notice leaves the user in the position of not being able to reproduce the materials without infringement of copyright (subject to the fair dealing exceptions for private study and research).

In exceptional circumstances, institutions may wish to prohibit reproduction of some materials posted on their sites (i.e. priced publications that have been made available over the Internet). Such institutions should carefully examine their reasons for prohibiting the commercial redistribution of these materials. If the institution's primary interest is in facilitating the widest possible dissemination of its information, commercial redistribution should not be prohibited. Rather, commercial redistributors should be required to attach a notice to their reproductions to the effect that the materials are available in their original form from a GoC Web site.

Finally, it is important to consider adequate protection for third-party copyright materials and graphical elements on GoC Web sites. Generally, it is preferable for institutional Web sites to provide links to the third-party materials, rather than host them directly. An institution that hosts non-Crown copyright materials that are subject to prohibitions on reproduction really has no meaningful way of ensuring that the third-party copyright is respected. In such cases, a "third-party copyright" notice should be provided that indicates the conditions for reproduction of non-Crown copyrighted content.

Rationale

The Privacy Notice assures end-users that information automatically acquired through a visit to any GoC site will not be used other than for the express purposes of Web maintenance and security.

Interpretation

Each institution's Web site Privacy Notice should be developed as a co-operative effort of the areas responsible for information technology, computer security, privacy and protection of personal information, communications, legal services and information management.

Every institution's Privacy Notice must include the following elements:

• Identification of the organization and how it can be contacted, including the name or position title of the person to contact with any Web site privacy concerns (normally the Privacy Co-ordinator)
• A clear description of any personal information which is collected automatically, a statement that such information is protected under the Privacy Act, the purpose for which it is collected, who will have access to it, how long it is kept, where it is kept and how an individual can access and correct their own personal information
• A statement explaining that should the user choose to provide personal information through e-mail or other means, such information is protected under the Privacy Act and will only be used for the specific purposes for which it has been provided (e.g. to respond to a specific request), or where required by law, how long it is kept, where it is kept and how to obtain access and request corrections
• A statement that non-identifiable or statistical information may be collected for audit purposes, for use in maximising effectiveness, or for another purpose specified here, if this is the case
• An explanation of any security use of information for purposes such as tracking suspected intrusions or the source of a computer virus, or controlling access to the system
• A statement concerning whether cookies, or any other data, are placed on the user's machine, and how they are used
• A description of any privacy-enhancing technologies in use or available for use such as the Public Key Infrastructure (PKI) or Secure Socket layer (SSL)
• A statement that individuals may contact the Office of the Privacy Commissioner if they are dissatisfied with the response they receive from the institution privacy contact on a privacy concern with the Web site.

The Privacy Notice must provide enough detail to allow users to understand what information will be collected and when, and to make an informed decision concerning whether to remain at the site.

Two examples of Privacy Notices have been provided see www.tbs-sct.gc.ca/clf-nsi/5/5ex2_e.asp. Use the appropriate bullets from the 2 examples to build your own Privacy Notice.

Guidelines for Cookies on Government of Canada Web Sites (August 19, 2002)

5.3 Best Practices

An institution's Web site Privacy Notice should include a statement concerning:

• Links to other sites not covered by this privacy policy
• Any specific institutional policy on collecting information from children online

Institutions should also remind users that, unless specifically noted otherwise, neither electronic systems or e-mail are secure information transmission methods, and that it is not recommended that sensitive personal information be transmitted electronically.

In some circumstances institutions may use an outside service provider as a Webmaster, and may provide a link for sending a message to the Webmaster. In those circumstances, the outside service provider should be under a contractual obligation to treat any personal information as though it were covered by the Privacy Act. In addition, the institution must make it clear to users that they are sending information outside the institution.

Rationale

From any point at which GoC Web site users are given the opportunity to voluntarily provide personal information, they must be informed of the conditions under which their personal information will be protected.

Every institution which is subject to the Privacy Act must ensure that each collection of personal information conforms to the requirements of that Act. The requirements apply equally to electronic collections as they do to paper-based collections. Any time personal information is collected electronically, the individual must be properly informed of their rights, in the same way as if the collection was done via more traditional means.

One of the differences between electronic communications and paper-based communications is that it may not be obvious to the individuals involved whether or not personal information is being collected in the course of any specific interaction. For these reasons, every Web site must include a Privacy Notice, even if no personal information is collected through that site.

Interpretation

A statement must actually appear next to the text requiring the personal information, for example an application form or survey, etc. informing individuals how the personal information will be used, which parts of the form are discretionary or mandatory, how long the personal information will be kept, where it will be kept (which Personal Information Bank) and how they can obtain access to their information.

Notice and Consent Guidelines in an On-Line Environment (April 23, 2003)

5.4 Best Practices

Refer to the following checklist for a complete list of items to be considered:

Privacy Notice Statement Checklist

Indicate:

1.  That all personal information provided is protected under the Privacy Act
2.  Under what authority the personal information is being collected
3.  Why the personal information is being collected
4.  What personal information is collected automatically
5.  On input forms, which parts are mandatory and which are discretionary
6.  How the personal information is being collected automatically
7.  Where the personal information will be kept (i.e. PIB)
8.  How the personal information will be protected during transfer and storage
9.  How long the personal information will be kept
10. When the cookie will expire if cookies are used
11. Who will have access to the personal information
12. How users can gain access to their personal information
13. How users can correct their personal information
14. Contact information

Guideline 5.1

Guidelines are not mandatory with respect to this policy but are provided to help institutions carry out government policy efficiently and effectively.

Rationale

Institutions that choose to host or make links to externally sourced information on their Web sites may want to protect themselves from liabilities associated with the accuracy or reliability of such information.

However, institutions are cautioned against the overuse of disclaimers as they have the tendency to discredit the product and the information source.

Best Practices

If a disclaimer is used it must be directly attached to the externally sourced information and must describe the information to which the disclaimer applies.

The following are examples of disclaimers:

• Third party information hosted on the institutional Web site
  This information has been provided by an external source. Although every effort has been made to ensure the accuracy, the currency and the reliability of the content, [name of department] does not offer any guaranty in that regard.

• For links to other Web sites not under the control of the institution
  This link is provided solely for the convenience of [department] Web site users. [Department] is not responsible for the information found through this link.

Guideline 5.2

Guidelines are not mandatory with respect to this policy but are provided to help institutions carry out government policy efficiently and effectively.

Rationale

All works of substantive originality are covered by copyright protection, regardless of whether or not the Crown copyright symbol is applied © Her Majesty the Queen in Right of Canada, represented by the Minister of Public Works and Government Services, Year. Application of Crown copyright is most often intended as an assertion of ownership, rather than as a blanket prohibition on the reproduction or use of the materials. The use of the copyright tag is primarily an exercise in branding, thereby ensuring credit for the author institution. However, Web sites typically contain some examples of information that cannot sustain Crown copyright because they lack sufficient originality (i.e. databases,) or were produced jointly with organizations outside the GoC and are therefore subject to third-party copyright. In addition, much information remains useful to the public long after its original copyright has expired. For all of these reasons, it may be inappropriate to assert Crown copyright vis-à-vis individual GoC sites in their entirety.

If there is no legal basis or practical reason to affix Crown copyright legends with respect to GoC Web sites per se, the practice should be discouraged. That being said, it leaves the discretion to the individual institution to apply Crown copyright notices on elements of GoC Web sites that are capable of sustaining it.

Best Practices

The copyright-tagging practices have been updated and made more consistent with the hallmarks of the Federal Identity Program. Rather than identifying Her Majesty the Queen in Right of Canada as the copyright holder, the guideline suggests clear identification of the actual information provider, by naming of the institution in the copyright tag - © Department / Agency X, date or © Government of Canada, date.

Guideline 5.3

Guidelines are not mandatory with respect to this policy but are provided to help institutions carry out government policy efficiently and effectively.

Rationale

While the vast majority of notices and disclaimers required on GoC Web sites serve to help users understand the roles, responsibilities and legal obligations of information providers and GoC Internet site users, the Exit Notice is distinct both in purpose and in placement. Unlike the elements included in the Important Notices hyperlink at the end of each GoC Web page, the Exit Notice should be an automatically generated message that pops up on the screen when users have chosen a link that takes them beyond the realm the gc.ca domain. The purpose of the Exit Notice is to clearly establish the boundaries at which GoC roles, responsibilities and legal obligations cease to apply. The Exit Notice will also minimize confusion resulting from inconsistencies that become evident when users transfer from GoC sites to privately developed sites.

Interpretation

There is no mandatory CLF Standard for Exit Notices to appear on GoC Internet Web sites. One of the underlying principles behind introducing a common look and feel for all GoC Internet sites is to provide our clients with a more unified visual and navigational approach that promotes immediate visual recognition of GoC information on our Web sites. Therefore, the use of Exit Notices may become somewhat redundant in that it should be obvious to users when they are leaving and/or no longer on a GoC Web site.

In general, departments may wish to use an Exit Notice to reinforce the fact that the user is leaving a GoC site. This could be to emphasize that GoC standards such as those related to Official Languages and Accessibility will not apply, or it could be to emphasize that the site definitely does not carry any GoC endorsement. However, these situations may not always be the case and it is left to the discretion of the institution under what circumstances and situations to use the Exit Notice.

Best Practices

The following is an example of an exit notice that could be used.

a) You are now leaving the (Title of the Institution) of Web site. Please be advised that the legislation and policy governing Government of Canada Web sites, including official language requirements do not apply beyond this point.