Thank you, Mr. Speaker.
Commissioner’s 2013-2014 Activities
The Information and Privacy Commissioner often chooses to highlight topical aspects of her work in her annual Commissioner’s Message. This year the Information and Privacy Commissioner pointed out that the 2013-2014 Annual Report marks the 17th year since the ATIPP Act came into force in the Northwest Territories. The committee takes note of the observations made by the Information and Privacy Commissioner in her Commissioner’s Message, in which she discusses how much has changed in the intervening years. She notes that the public is becoming more aware of matters relating to access to information and protection of privacy and, as a consequence, are increasingly demanding that governments protect individual privacy and account for their actions through access to information.
In 2013-2014 the Commissioner opened 30 new files, up from 16 in 2011-2012 and 27 in 2010-2011. Of the 30 new files, 12 were requests for review relating to access to information matters, nine dealt with breach of privacy issues and four were privacy complaints relating to the private sector. The Information and Privacy Commissioner noted that she “was pleased to see two breach notifications during the fiscal year in which a public body discovered a potential breach of privacy and reported it to [her] office proactively.” Each of the remaining three new files was reported as the only item in its category: Request for review - fee assessment, Request for comment, and Administrative, respectively.
The Information and Privacy Commissioner dealt with seven public bodies over the year, as compared with 14 over the previous year. Departments with the most frequent files were Human Resources, seven; Transportation, six; and Justice, four.
In her report the IPC devotes significant attention to summarizing the cases for which she issued “Review Recommendations” over the course of the fiscal year (pages 18-34, inclusively). The committee encourages any members of the public who have an interest in this aspect of governance, to take some time to review the IPC’s annual report. The report provides the reader with interesting insight into the work of the office of the Information and Privacy Commissioner and the challenges faced by the Government of the Northwest Territories in discharging its responsibilities under the act.
Of the nine cases resulting in rulings from the IPC, eight included recommendations. Of these, the recommendations of the IPC were fully accepted in six cases and partially accepted in the remaining two cases. In the other case, the complaint was found to have no grounds; therefore, no recommendations were made.
Recommendations by the IPC for Legislative Change
As already noted, the Information and Privacy Commissioner is authorized to make recommendations for legislative change. This year the Commissioner highlighted three legislative issues.
Implementation of New Health Information Privacy Legislation
With the passage of the Health Information Act in 2014, the Information and Privacy Commissioner notes that much work will need to be done by the GNWT to implement the legislation. This includes educating health care workers and ensuring that the appropriate policies and procedures are in place in advance of implementation, so that health care workers know and understand their responsibilities for collecting, using and disposing of information under the act. A great deal of work also needs to be done to ensure that members of the public understand their rights and know how their personal health information will be managed under the act.
Access and Privacy Impact Assessments for New Initiatives (Access and Privacy by Design)
The Information and Privacy Commissioner discussed with the committee her increasing frustration that she is not consulted or asked for input in the initial planning stages when legislation, policies and programs are being designed. It has been her observation that government overlooks consideration of the impact that new initiatives may have on the right to access information and the privacy of the individual. The Information and Privacy Commissioner cites many recent examples of GNWT legislative, policy and program initiatives which might have benefitted from her input if she had been invited to provide it during the design phase. The Information and Privacy Commissioner also correctly notes that public bodies may choose to disregard her suggestions and suggests that they cannot benefit from advice that is not provided.
Mr. Speaker, I would like to turn the reading of the report over to my colleague Mr. Yakeleya. Thank you.