Commissioner stresses need for privacy legislation

MIRIAM HILL

Elaine Keenan Bengts, Nunavut’s information and privacy commissioner, urged the legislative assembly’s standing committee on government operations and services this week to ensure the government puts private sector privacy legislation on its agenda.

Since the terrorist attacks on Sept. 11, 2001, North Americans have been dealing with increased encroachments on their privacy, she says in her annual report. Citizens should know they have a right to privacy and to know what different levels of government are doing.

The Access to Information and Protection of Privacy Act is a major tool by which rights and freedoms are protected at the territorial level. It is meant to promote openness and accountability of government agencies and to ensure that citizens know that information collected by the government will be kept private and used only for the purposes it was obtained. Private sector privacy legislation would protect citizens from such things as the buying and selling of personal information databases.

Bengts told the committee about the perils involved if a disreputable person or organization gets a hold of a person’s personal information and reiterated that Government of Nunavut employees need to be aware of the act and what to do if presented with an Access to Information request.

In the year 2001-02 the office of the privacy commissioner received six requests to review files and in the current fiscal year there were 28 requests. One person was responsible for 26 of the requests.

Each department within the GN has access to information and protection of privacy coordinators who must respond to such requests, but Bengts said many are doing that on top of their other duties in government. Some, she said, are doing the extra work during off-work hours and not being paid for it — a practice that should stop.

Along with pushing for private sector privacy legislation within the GN, Bengts said it’s important that municipalities be included under such an act so they would have some guidance when faced with information requests.

Bengts also stressed the need for amendments to the existing act, allowing for repercussions if an agency is found in breach of the act, and allowing some recourse if a complainant is not happy with recommendations made by the office of the privacy commissioner.