Thank you, Mr. Speaker.

Update policies on mobile handheld devices

The IPC's annual report drew attention to the role of mobile handheld devices in several privacy breaches.

Review Report 20-242 investigated one such breach. An education official recorded a video, using a personal mobile device, of a teacher and students. The official uploaded the video to a government server that others could access, ostensibly for training purposes. The official did not seek or obtain consent from anyone in the video.

The IPC identified a key factor in this breach: "The absence of any policy direction for the use of such personal devices in the workplace."

Existing policy direction on mobile handheld devices is limited and outdated. The Mobile Handheld Device Policy contains only one provision that touches on personal privacy: To prohibit taking pictures of people without permission. The Employee Code of Conduct says even less. Its provisions on the "use of government equipment and property" are silent on protecting personal privacy. The Code was last updated in March 2008.

The IPC's annual report recommends "clear policy guidance" for employees on the proper use of mobile handheld devices. Committee agrees. This work is urgent given the ubiquity of these devices and the high risk for breaches of sensitive personal information. Therefore, the Standing Committee on Government Operations recommends:

Recommendation 2: That the Department of Finance, in consultation with the Information and Privacy Commissioner, and by April 1, 2023, update policies governing the use of mobile handheld devices by the public service, including:

1. The Mobile Handheld Devices Policy, to expand the policy provisions for "proper use" to address all the ways a user can collect, use, or disclose personal information with a device;.
2. The Employee Code of Conduct, to introduce provisions to protect personal privacy regarding the "use of government equipment and property"; and.
3. New policy guidance, to address the use of personal devices and email to conduct government business.

The Department of Finance should supplement these policies with easily accessible guidance documents on how the device should and should not be used.

Eliminate faxing

In October 2020, committee recommended that the GNWT "develop and implement a plan for ending the use of fax machines in the Health and Social Services sector." The GNWT supported this recommendation and indicated that it was preparing a plan to reduce faxing. However, despite this commitment to reduce faxing, privacy breaches persist. As stated in the IPC's annual report: "Mistakes related to the use of fax machines continue to generate reports resulting in the unlawful disclosure of personal health information." He added that a concerning number of the 66 privacy breach notifications related to HIA in 2020-2021 implicated fax machines. The IPC felt the need to reiterate his office's long-standing advice: "Health information custodians should stop using fax machines to transmit personal health information."

The IPC and committee have already been unambiguous on the need to eliminate faxing. Committee therefore seeks to reinforce accountability surrounding the GNWT's plan to reduce faxing and recommends:

Recommendation 3

That the Government of the Northwest Territories provide an update on its plan to reduce the use of faxing across the Health and Social Services system, including:

1. Metrics on reductions in the use of faxing achieved so far;
2. The targets and associated timelines for future reductions; and, if faxing cannot or will not be eliminated,
3. An explanation on why the use of fax cannot or will not be eliminated, and what measures the department is taking to mitigate the risk of data breaches arising from misaddressed documents.

Mr. Speaker, I ask that you now redirect it back to Member for Yellowknife North. Thank you.

Thank you, Member for Inuvik Twin Lakes. Member for Yellowknife North.

Proactive disclosure

In October 2020, the committee recommended a GNWT update on work to standardize Access by Design principles when designing government records and communications. Access by Design advances that government-held records should be available to the public by default, with limited and specific exceptions.

There are many benefits to the proactive disclosure and active dissemination of government-held records. Residents would not need to make any special requests for information. Public bodies could have fewer access to information requests to answer. This would save time and costs. Ultimately, residents would be more empowered to hold the government accountable, and the government would be more accessible and transparent.

In February 2021, the GNWT indicated that it supports the Access by Design principle. The GNWT also reported that it was planning to ask all public bodies to conduct a "comprehensive review of their records." The review would establish categories of records that can be routinely disclosed and proactively made available to the public.

This review appears to be an effort to comply with section 72(1) of the recently amended ATIPP Act. The changes to the ATIPP Act came into effect in July 2021. The status of this review is unclear.

The Standing Committee on Government Operations believes expanded proactive disclosure of the government-held records is long overdue, and therefore recommends:

Recommendation 4

That the Government of the Northwest Territories provide an update on complying with section 72(1) of the Access to Information and Protection of Privacy Act, which requires the head of a public body to establish and publish categories of records to be made available to the public without a request for access. The update should include a summary of the progress achieved so far and the timelines for full compliance at each public body.

Conclusion

This concludes the Standing Committee on Government Operations Report on the Review of the 2020-2021 Annual Report of the Information and Privacy Commissioner. The committee looks forward to the government's response to these recommendations.

Recommendation 5

The Standing Committee on Government Operations recommends that

the Government of the Northwest Territories provide a response to this report within 120 days.

Thank you, Member for Yellowknife North. Reports of standing and special committees. Member for Yellowknife North.

Mr. Speaker, I move, seconded by the Member for Thebacha, that Committee Report 30-19(2): Standing Committee on Government Operations report on the review of the 2020-2021 Annual Report of the Information and Privacy Commissioner be received by the Assembly and referred to the committee as a whole. Thank you, Mr. Speaker.

Thank you, Member for Yellowknife North. Motion is in order. To the motion?

Question has been called. All those in favour? All those opposed? Any abstentions. The motion is carried.

---Carried

The report of the review of the 2020-2021 Annual Report of the Information and Privacy Commissioner will be moved into Committee of the Whole.

Reports of standing and special committees. Tabling of documents. Madam Premier.

Thank you, Madam Premier. Tabling of documents. Minister responsible for Finance.

Thank you, Mr. Speaker. I wish to tabling the following three documents: Supplementary Estimates (Infrastructure Expenditures), No. 1, 2022-2023; Supplementary Estimates (Operations Expenditures), No. 1, 2022-2023; and Resident Readiness Strategy. Thank you, Mr. Speaker.

Thank you, Minister. Tabling of documents. Notices of motion. Member for Deh Cho.

Mahsi, Mr. Speaker. Mr. Speaker, I give notice that on Wednesday, June 1st, 2022, I will move the following motion:

Now therefore I move, seconded by the Honourable Member for Tu Nedhe-Wiilideh, that this Legislative Assembly calls upon the Government of the Northwest Territories to provide increased access to physicians and medical specialists to offer quality care, diagnoses, and second opinions; and further, the Government of the Northwest Territories prioritize cultural safety, trauma-informed care, and anti-Indigenous racism professional development training within the Health and Social Services workforce including locum doctors;

And furthermore, the Government of the Northwest Territories provide additional training to nurses, health care workers, and locum doctors in the small communities on the detection of cancer and chronic illnesses;

And furthermore, the Government of the Northwest Territories conduct a quality review of the health centres in the small communities including an external audit of client treatment records and client satisfaction;

And furthermore, that the Government of the Northwest Territories provide a comprehensive response to this motion within 120 days.

Mahsi, Mr. Speaker.

Thank you, Member for Deh Cho. Notices of motion. Member for Kam Lake.

Mr. Speaker, I give notice that on Thursday, June 2nd, I will move the following motion:

Now therefore I move, seconded by the Honourable Member for Inuvik Boot Lake, that pursuant to section 91 of the Legislative Assembly and Executive Council Act, the Legislative Assembly recommends to the Commissioner of the Northwest Territories the reappointment of Mr. David Phillip Jones as the Northwest Territories Integrity Commissioner, effective June 2nd, 2022.

Thank you, Mr. Speaker.

Thank you, Member for Kam Lake. Notices of motion. Motions. Member for Frame Lake.

Merci, Monsieur le President.

I MOVE

WHEREAS Rule 9.2(3) requires that Members be appointed to Standing and Special Committees;

NOW THEREFORE I MOVE, seconded by the honourable Member for Thebacha, that the following Member be removed as an alternate to the Standing Committee on Social Development:

Mr. Jackie Jacobson, the Member for Nunakput;.

AND FURTHER, that the following Member be appointed as an alternate to the Standing Committee on Social Development:

Mr. Rocky Simpson, the Member for Hay River South;

AND FURTHERMORE, that the following Member be appointed to the Standing Committees on Social Development and Government Operations:

Mr. Richard Edjericon, the Member for Tu Nedhe-Wiilideh.

Mahsi, Mr. Speaker.

Thank you, Member for Frame Lake. The motion is in order. To the motion?

Question has been called. Colleagues, question has been called.

Pursuant to Rule 10.3(1), a recorded vote is required. When the clerk calls on you, please state whether you are in favour, against, or abstaining from the motion. Mr. Clerk.

In favour.

In favour.