The Commissioner recommends that access to information and privacy clauses should be included in outsourcing contracts, so as to require compliance with ATIPP. The committee recognizes that the recommendation to include privacy clauses in outsourcing contracts is being addressed by the GNWT.
The committee also notes that Bill 3, An Act to Amend the Access to Information and Protection of Privacy Act, proposes several changes that would broaden the definition of "employee" to cover contractors, which will also address this important concern.
Given the Information and Privacy Commissioner's expertise on the act, and that an essential part of her role is making recommendations to the Assembly for amendments to it, committee members feel strongly that her consultation and involvement in proposed changes to the Act is crucial.
Made-In-The-NWT Privacy Legislation For The Private Sector
As in previous reports, the Commissioner recommends the NWT enact its own "made-in-the-north" privacy legislation to regulate how the private sector collects, uses or discloses personal information.
NWT businesses are already regulated by PIPEDA, which came into full force on January 1, 2004. However, the Commissioner has raised concerns that PIPEDA will not provide an adequate regulatory framework for the NWT. Unless the Northwest Territories passes its own legislation, privacy protection in the private sector will be dictated by Ottawa, and may not be appropriate to the realities of the NWT.
Businesses need guidelines and the rule of law to regulate the use of personal information, and the public needs legislation for protection. The issue is becoming more and more urgent with rising incidence of identity theft. Alberta, Quebec and B.C. have all enacted their own provincial legislation, and three more provinces are considering doing the same. The committee supports the Commissioner's recommendation, and is of the opinion it is time for the GNWT to begin to address this issue.
The PIPEDA is new and its effectiveness in the NWT has not yet been tested. Committee members are of the opinion that the GNWT should begin to prepare its own review on whether the NWT needs its own private sector
privacy legislation, and integrate the general findings of the House of Commons review once complete, in 2006.