Thank you, Mr. Speaker, and thank you to my previous colleagues.Review of the Access to Information and Protection and Privacy Act and the Powers of the Information and Privacy Commissioner As in her 2008-09 and 2009-10 reports, the Information and Privacy Commissioner recommended a general review of the ATIPP Act in this report. The 16
th Legislative Assembly passed
Motion 8-16(6) on May 18, 2011, in support of a review. That motion, moved by the Member for Nahendeh, read in part:
“Now therefore I move, seconded by the honourable Member for Yellowknife Centre, that this Legislative Assembly strongly recommends the Government of the Northwest Territories undertake a comprehensive review of the Access to Information and Protection Privacy Act, including an examination of access and privacy legislation in other Canadian jurisdictions and all past recommendations of the Information and Privacy Commissioner, and bring forward a bill during the first two years of the 17
th Assembly.”
The government’s response to Motion 8-16(6) states that the Government of the Northwest Territories’ (GNWT’s) access to privacy office, within the Department of Justice, with one dedicated position, is tasked with researching, developing and implementing a wide range of policy tools and best practices. It was suggested that addressing these issues through the use of policy guidelines rather than legislation allows the GNWT to respond more flexibly to technological change.
While the committee understands the advantages of policy in responding to the rapidly changing environment, the ATIPP Act came into force more than 15 years ago. In several Canadian jurisdictions, access and privacy laws contain clauses requiring a review at a specific time (example: Nova Scotia) or at regular intervals (example: Newfoundland and Labrador at five-year intervals). There is no similar review clause for the Northwest Territories legislation.
The committee believes it’s time for a thorough review, not only to ensure the act remains current and relevant, but also address outstanding issues that have arisen in practice as the act is implemented.
As noted in Motion 8-16(6), a complete review of the act will provide opportunity to reconsider all the Information and Privacy Commissioner’s previous recommendations, recently amended access to information and privacy legislation in other
Canadian jurisdictions, as well as changes in information and communications technology.
A complete review of the act will also provide an opportunity for the review of the role and powers of the Information and Privacy Commissioner. Consideration should be given, in particular, to empowering the Commissioner to make recommendations that are binding on public bodies, following her review of complaints related to the decision on access and privacy.
Recommendation 3
The Standing Committee on Government Operations recommends that the Government of the Northwest Territories undertake a comprehensive review of the Access to Information and Protection of Privacy Act and the roles and power of the Information and Privacy Commissioner and bring forward a bill during the first two years of this Assembly.
A comprehensive review should, as well, address two other previous recommendations highlighted in the Commissioner’s 2010-2011 report, namely: a review of the fee structure attached to the request for information under the act for clarity of wording, consistency of application, and the cost for individuals compared to other Canadian jurisdictions; and the inclusion of a provision in the act which would give the Information and Privacy Commissioner the discretion to expand the limitation period for seeking a review of the access to information request.Educating Children About Privacy in the On-line World The committee strongly agrees with another Commissioner’s outstanding recommendations, 5. c), that “more must be done to educate our children and provide them with the knowledge they need to protect themselves while they work in the wired world.” Training on on-line privacy risks, including but not limited to, predators, phishing, scams and identity theft should be added to the Northwest Territories school curriculum starting in Grade 1.
Recommendation 4
The Standing Committee on Government Operations recommends the Department of Education, Culture and Employment develop curriculum for Grades 1 to 12 regarding the protection of privacy in the on-line environment, in consultation with the Information and Privacy Commissioner for implementation in the fall of 2014-15.Progress Report and Implementation Plan for Recommendation The 16
th Assembly’s Standing Committee on
Government Operations supported many of the Information and Privacy Commissioner’s recommendations for legislative change and other
government actions to improve access to information and protection of privacy in the Northwest Territories, through committee reports and motions in the House. The present committee respectfully requests a report by government on all the committee recommendations presented in the House between 2008 and 2012 pursuant to the committee’s annual review of the Information and Privacy Commissioner’s report; progress on the part of government in addressing each of these recommendations and what the government intends to do in 2012-2013 and subsequent years to implement recommendations that remain unaddressed.
Recommendation 5
The Standing Committee on Government Operations recommends the Government of the Northwest Territories provide a progress report and implementation plan for the committee’s recommendations concerning access to information and protection of privacy presented in the House between 2008 and May and June 2012, before the fall 2012 session of the Legislative Assembly.
Mr. Speaker, I now recommend that we go back to the committee chair, Mr. Nadli.