The Commissioner pointed out that new federal legislation titled Personal Information and Electronic Documents Act that regulates the collection, storage and use of personal information in the private sector, will come into full force on January 1, 2004. As of January 1, 2001, this legislation came into effect for "federal works" and for companies who transfer information over provincial/territorial borders.
The Federal Privacy Commissioner considers the Northwest Territories, Yukon and Nunavut as being "federal works" under the act and therefore the federal Commissioner has now taken on the responsibility of investigating all complaints made in this area.
The NWT Access to Information and Protection of Privacy Commissioner would like to see the establishment of territorial legislation in order to avoid having local issues handled by a federal body.
The standing committee noted that despite a letter from all territorial Justice Ministers questioning the federal Privacy Commissioner's interpretation of "federal works" the federal Commissioner has refused to alter his opinion.