The Commissioner recommends the NWT enact its own "made-in-the-north" private sector privacy legislation for the health care sector. The Commissioner strongly recommends that even if the GNWT does not tackle general private sector legislation, at a minimum, health sector legislation should be considered.

The contracting out of health care to private contractors occurs with more and more frequency across the country. The NWT is no exception. Very sensitive personal health records are created and managed by private contractors, which can lead to situations where there is cause for concern. For example, the British Columbia provincial government was outsourcing health records management to a Canadian subsidiary of an American Company. This meant that the personal health information of B.C. residents could be subject to the American Patriot Act, which gives the U.S. government access to the records.

The committee is aware that proposed amendments to the act will clarify that contractors are to be considered employees with respect to the act, and, therefore, the records they create or manage are subject to the act. Nevertheless, the committee supports the Commissioner's recommendation. The committee is of the opinion that the GNWT should follow the lead of other jurisdictions, such as Alberta, Ontario, Saskatchewan, and Manitoba, and begin to develop legislation that deals with privacy issues within the health sector.