Thank you, Madam Chairperson. Madam Chairperson, the Standing Committee on Government Operations reviewed Bill 4, Access to Information and Protection of Privacy Statutes Amendment Act, had its meetings on September 7, 8, and 9, 1999. The committee would like to thank the Minister of Justice and his officials for presenting the bill and responding to the committee's questions. As well, the standing committee had previously reviewed versions of this bill that were introduced in the House in December, 1998 and July, 1999. When the Access to Information and Protection of Privacy Act, came into effect in 1996, it provided for a two-year grace period so that if another act had a conflict or inconsistency with it, the other act would prevail until December 31, 1998. In December, 1998 the Minister introduced a bill to amend ten acts that have provisions that conflict or inconsistent with the Access to Information and Protection of Privacy Act. The proposed amendments allowed the access and provisions of the other acts to apply in addition to or notwithstanding the Access to Information and Protection of Privacy Act. The bill also proposed to amend the Archives Act and the Access to Information and Protection of Privacy Act, itself.
The standing committee held a public hearing and consulted with the Information and Privacy Commissioner appointed under the act, Ms. Elaine Keenan-Bengts. Due to the concerns raised by the Commissioner and the standing committee, particularly in relation to the privacy protection for personal information collected by public bodies, the original bill was not passed. Instead, a separate bill was passed to extend the grace period until December 1999.
The committee requested the Minister to examine the concerns to determine whether the bill might be improved in some areas. In July, 1999, a revised bill was introduced. This bill incorporated amendments responding to the committee's and the Commissioner's concerns about the Education Act, and the Motor Vehicles Act. A provision was added to the Education Act, to allow a school counsellor to give access to his or her notes to the student or the student's parents if the counsellor feels that it is in the best interest of the child.
The Motor Vehicles Act, amendments were changed to make it clear that access by various private bodies to records under the act would apply only to name and vehicle registration information, not to driving records.
The standing committee and the Information and Privacy Commissioner reviewed the revised bill and provided additional comments to the Minister. As a result, Bill 4 contains further revisions from the July bill. Changes were made to the amendments, to the Consumer Protection Act, and the Tobacco Tax Act, to clarify questions relating to the disclosure of information.
The standing committee appreciates the assistance of the Information and Privacy Commissioner and the efforts of the Minister and the Department of Justice officials to improve this bill. The Minister has also made a commitment to the committee to address concerns relating to how information is collected by public bodies. The Minister advised that a process is under way to bring forms into compliance with the privacy protection provisions of the act so that individuals will better know what personal information is collected about them, how it is used and how to access personal information.
The committee also has an outstanding area of concern. Some of the acts amended by this bill, particularly the Insurance Act, and the Motor Vehicles Act, allow personal information to be released by public bodies to private individuals or organizations. If the Access to Information and Protection of Privacy Act, applies only to public bodies, the Commissioner and the committee were concerned that there are no legislative restrictions on the further release of personal information by private bodies and no penalties for such release. This is an important privacy concern.
In the case of the Motor Vehicles Act, department officials suggested that an obligation of confidentiality might be implied under the act. In the committee's view, this is not clear enough. The Minister also undertook to research whether the prohibition in section 59 of the Access to Information and Protection of Privacy Act, against disclosing personal information might apply to private organizations or individuals. Members looked forward to receiving the results of this research.
If it is not clear that private individuals are included in section 59 prohibition, it is the committee's strong recommendation that the Access to Information and Protection of Privacy Act, should be amended to create an offence and impose a penalty on private individuals or organizations who release personal information received in confidence from a public body.
Madam Chairperson, this concludes the standing committee's comments on Bill 4, Access to Information and Protection of Privacy Statutes Amendment Act. Thank you.