Thank you, Mr. Speaker. The Standing Committee on Government Operations is pleased to provide its Report on the Review of the Information and Privacy Commissioner’s 2006-2007 and 2007-2008 Annual Reports and commends it to the House.
Introduction
The Standing Committee on Government Operations reviewed the 2006-2007 and 2007-2008 Annual Reports of the Information and Privacy Commissioner at a meeting on September 23, 2009. The committee would like to thank Ms. Elaine Keenan Bengts for her reports and for her appearance before the committee.
The purpose of the NWT’s Access to Information and Protection of Privacy Act (ATIPP) is to make public bodies accountable and protect personal privacy. The Information and Privacy Commissioner is an independent officer of the Legislative Assembly. Her primary role is to review and make recommendations on public bodies’ decisions under the act. In her comments on the annual reports at the review, Ms. Keenan Bengts expressed the opinion that, for the most part, the system created by ATIPP is working well.
The committee has seen progress. On its review of the complaints made to the Information and Privacy Commissioner in 2007-2008, the committee observed fewer incidents where ATIPP or its intent was not followed by departments and agencies than in previous years. The committee is pleased to observe many departments are providing active disclosure of records on a regular basis. The Department of Justice is developing training in the form of web-based tutorials on access and privacy
for all public body representatives, including board officials. In addition, in June of 2009, the Motor Vehicles Act was amended to address the committee’s concerns with unreasonable restrictions on disclosure of personal contact information.
Progress is being noted on other fronts. In an effort to raise awareness about the public’s right to access information, the Information and Privacy Commissioner plans to promote the “Right to Know” week that is held the last week in September each year in Canada and throughout the world. The committee is pleased to support this initiative which will highlight the importance of the concept of open government.
The Standing Committee on Government Operations is pleased to bring forward the following recommendations with regard to access to information and protection of privacy issues identified in the Commissioner’s 2006-2007 and 2007-2008 Annual Reports.
2007-2007 Annual Report
In the 2006-2007 Annual Report, the Information and Privacy Commissioner continues to advise that the interests of the ATIPP regime will be best addressed if a leadership role is taken by government Ministers and deputy ministers. Ms. Keenan Bengts recommends developing and maintaining a corporate culture of openness. She supports providing routine and active disclosure of public records. If records are withheld, a full explanation is warranted.
Recommendation 1
The Standing Committee on Government Operations recommends that the GNWT establish policies on routine and active disclosure of public records, following best practices in other parts of Canada.
Furthermore, even though discretionary exemptions exist that allow public bodies to withhold information, in situations where information is withheld a full explanation of the rationale for that decision should be provided as a matter of course.
In her report, the Information and Privacy Commissioner advised that she had been unable to find any Government of the Northwest Territories (GNWT) policies specifically relating to the secure storage and subsequent deletion of confidential information on portable electronic devices -- that is cell phones and BlackBerrys -- or the proper management of communication records that are created from the use of such devices.
Recommendation 2
The Standing Committee on Government Operations recommends that the GNWT enhance its policies and guidelines on the use
of portable electronic devices and the access and privacy issues that arise through the use of such devices.
The Information and Privacy Commissioner continues to hold the view that the Government of the Northwest Territories should not rely on the federal Personal Information Protection and Electronic Documents Act to govern private sector obligations to protect the personal information of NWT residents. The GNWT previously committed to reviewing this issue again once the statutorily mandated five-year review of the Personal Information Protection and Electronic Documents Act was completed in July of 2007.
Recommendation 3
The Standing Committee on Government Operations recommends that the GNWT undertake a comprehensive analysis of the review of the Personal Information Protection and Electronic Documents Act to determine the need for GNWT legislation to protect the personal information of the people of the Northwest Territories held by the private sector.
Mr. Speaker, I would now like to pass the floor over to my deputy chair, Mr. Hawkins, for the completion of reading this report. Mahsi cho.