New access to information legislation goes into effect

DWANE WILKIN

People frustrated by efforts to extract information from the government of the Northwest Territories may soon find some relief.

The Northwest Territories’ first access to information and privacy law went into effect Jan.1. The Territorial government is expected to soon pick the first information and privacy commissioner.

Advertisements for the $120,000-a-year position were posted before Christmas and if the experience of other Canadian provinces is any indication, the succesful candidate will likely be a lawyer.

Spokespersons in the Justice Department were forbidden this week to say who, if anyone, has made the shortlist.

Commissioner to play key role

The information and privacy commissioner’s role is crucial to the application of new access-to-information legislation. The legislation affirms the public’s right to obtain non-confidential government records that don’t contain personal information about other private citizens.

Disputes between individuals and government departments over access-to-information requests will be arbitrated by the information and privacy commissioner.

The Access to information and Protection of Privacy Act, or so-called “sunshine law,” requires that a commissioner be appointed no later than April 1, 1997.

The Information and Protection of Privacy Act sets forth a protocol for all GNWT departments, crown corporations and agencies handling information requests from the public and allows individuals to correct any personal information held by the government.

Justice officials are anticipating an average of 70 to 90 requests per year, with less than half being appealed to the information and privacy commissioner.

The cost of enacting the legislation and setting up the office will cost the GNWT about $960,000 per year.

Under the privacy Act, a person seeking government information held by any public body must make a written request to the government department of agency believed to have the information.

The access and information co-ordinator for that department or agency may either provide the information or refuse the request, in which case the applicant has the right to appeal to the Commissioner.

The Act, passed in 1994, does not yet apply to municipalities and other local bodies. Use of access-to-information procedures is meant to complement existing procedures for obtaining government information, such as telephone calls.

Although a commissioner has yet to be named, access and privacy co-ordinators have been appointed in all government departments. Their names and telephone numbers are contained in the GNWT’s Access and Privacy Directory, distributed to government offices and libraries across the North over the last couple of weeks.

Responses for information are supposed to take no longer than 30 days. If for some reason more time is needed, access and privacy co-ordinators are required by law to contact the applicant.

Fees for obtaining information from the government may apply. Records concerning personal information pertaining to the applicant are free, provided the cost of photocopying doesn’t exceed $25.

Access to general, non-personal information, however, will cost $25 per request and more if the cost of processing the application exceeds $150.

In addition, the law seeks to protect the rights of third parties who may be affected by the release of such information. Access and privacy co-ordinators will, therefore, retain considerable powers of discretion.

If, for some reason, a public body doesn’t follow the recommendations of the information and privacy commissioner, an applicant may appeal to the Supreme Court of the Northwest Territories.