Nunavut Info commissioner wants law strengthened

MICHAELA RODRIGUE

IQALUIT — Nunavut’s information and privacy commissioner, Elaine Keenan Bengts, wants some bite added to her bark.

Bengts is an independent government watchdog. It’s her job to make sure Nunavummiut get to see government-held information about themselves or government activities.

She’s also supposed to make sure that personal information about the territory’s residents isn’t misused or revealed to the wrong people.

If a resident’s efforts to obtain information are stymied by government officials, they can turn to Bengts for a non-binding decision.

Bengts performs the same job in the Northwest Territories and works out of Yellowknife.

But after more than two years on the job, Bengts said her powers should be beefed up.

“There are certain aspects of the act that need to be looked at to give the act a little more oomph,” Bengts said.

Bengts said most of her recommendations to the Northwest Territories government have been implemented in full, but they’re not binding or mandatory.

A government department should respond to Bengts’ recommendations within 30 days of her decision. If the department chooses to not follow the recommendations, the issue can be taken to court for a judicial decision.

Bengts wants territorial legislation changed to force government departments and agencies to respond to her recommendations within the 30-day period.

If no reply has been filed after 30 days, the department should be deemed to have accepted her recommendations.

“That 30-day deadline has been completely ignored. What I’ve suggested is my recommendation will have been deemed to be accepted unless the head of the public body decides otherwise,” Bengts said.

Should the matter later go to court, Bengts said a judge will have more reason to enforce her recommendations.

“It gets us one step closer to a position where a court can interpret the recommendations as being accepted. The court can then without question say ‘you must release information,'” Bengts explained.

This week Nunavut’s Information and Privacy Commissioner Elaine Keenan Bengts travelled to Iqaluit to meet legislative assembly workers, government department officials and members of the public.

Appointed just more than a month ago, Bengts wants to explain the Access to Information and Protection of Privacy Act and its ramifications to government workers and residents.

“There has to be some basic training done. It hasn’t been done yet. This act didn’t get top priority. and I don’t think it should have but it is now time,” she said.

Bengts suggests each department and agency appoint one person to collect access to information requests.

Bengts said she wants to work with the government and does not want to be its enemy, but she stressed the importance of releasing public information.

“I’m there to keep the government honest,” Bengts said.

“Often the government has information that they’re not terribly excited about releasing to the public. Sometimes that’s legitimate… but they sometimes interpret [the act] in their own way and not the right way,” Bengts said.

“Government is public. You and I are the owners. We should all be entitled to know what’s going on with government at any point in time. We should be able to ask for any piece of information that the government produces ,” she said.

Bengts also wants to inform residents about their privacy rights. Sometimes government officials or forms ask for information from residents that the government may not need to do its job.

Bengts said it’s important residents think before they hand over any personal information to the government.

Bengts plans to travel to Nunavut two or three times a year. So far no requests originating from Nunavut, have been filed with her office.

She will present her first report to Nunavut’s legislative assembly in June or July.

Residents can contact her with the toll free phone number 1-888-521-7088.