Louis Sebert: Public Feedback Sought on Changes to the Access to Information and Protection of Privacy Act

Ministers' Statements and Speeches

Mr. Speaker, this Assembly has made improving accountability, transparency and collaboration a key priority.  Having an effective, up-to-date access and privacy regime is fundamental to that priority.

Every day the Government of the Northwest Territories collects and produces a tremendous amount of information.  We have a responsibility to make sure that our citizens have access to this information while also protecting the personal information  entrusted to us.  The Access to Information and Protection of Privacy Act demonstrates our Government’s commitment to protecting privacy and providing access to information.    

The Act gives all members of the public the legal right to request access to information held by government departments and public bodies, and to request a correction to personal information.  The legislation sets out when a public body may collect, use and disclose personal information.  Refusals to disclose records may only occur if the Act provides for it.  The NWT Information and Privacy Commissioner has the independent authority to review decisions made under the Act including how a public body has collected, used or disclosed personal information.

The area of access and privacy continues to evolve and we need to make sure that we can respond to changes in technology, the development of integrated programs and services, as well as a variety of other issues raised by the public, the Information and Privacy Commissioner and past standing committees.  Since the Act was introduced in the NWT in 1996, there have been a number of changes in Canadian policies, practices and legislation related to access to information or protection of privacy.  Changes were made to the Act in 2004 and again in 2005 to respond to issues that had been raised either in our Assembly, from the Privacy Commissioner or from those who use this legislation in their day-to-day activities.

During the 17th Assembly, a commitment was made to proceed with a full and comprehensive review of the Access to Information and Protection of Privacy Act.  In the initial phase of the review, the Department of Justice conducted extensive research into access and privacy legislation in other provinces and territories, as well as a detailed examination of our current legislation.   

Based on this research and review, the Department of Justice has started consulting with other government departments, public bodies and the Information and Privacy Commissioner.  The results of those consultations are being consolidated and will be included in our final report.

We also want to hear from the public on this important matter and will be seeking their views during the next phase of our review.  We want to ensure that the Act offers a proper balance between providing access to information and the protection of an individual’s privacy.  We will be asking people to comment on whether the current privacy provisions need to be enhanced to allow for greater protections, as well as other issues that have been raised by stakeholders and public bodies.

Beginning April 15th, the Department of Justice will be posting a consultation document on its website, where everyone will be able to share their opinions on it.  We will also be sharing it with stakeholders and those who have expressed interest in the review.  The deadline for submitting a written response will be June 15, 2016.

Analysis and feedback received from the public, GNWT departments, public bodies, and the Information and Privacy Commissioner will be reflected in a report that will be published in the fall of 2016.  The findings from this report will assist us to bring forward a proposal for possible amendments to the Act.

I hope Members will encourage their constituents to participate in this public consultation and have their say.  We all need to contribute to improvements to the Access to Information and Protection of Privacy Act in order to improve access, protect our personal information and help keep our government accountable and transparent.

Thank you, Mr. Speaker.