EdinburghNLP/nunavut-hansard-plusplus huggingface dataset:
The Committee is also presenting recommendations on a number of matters arising from its hearings.
Issue: Government Contracting Practices
As noted earlier in this report, the issue of government contracting was raised during the Information and Privacy Commissioner’s appearance.
Standing Committee Recommendation #1:
The Standing Committee recommends that the Government of Nunavut table annual contracting, procurement and leasing reports for all of its Crown corporations and agencies, including:
Issue: Establishment of a Formal Information Disclosure Policy Concerning the H1N1 Virus
During the Information and Privacy Commissioner’s appearance before the Standing Committee, extensive discussion took place concerning the issue of the government’s practices in relation to the disclosure of information concerning the H1N1 virus.
Members noted that the Government of Nunavut has been releasing limited information concerning the location of where H1N1 cases have been identified.
Rather than identifying the specific communities in which there are cases of H1N1, the Department of Health and Social Services has been releasing information on a regional basis.
However, the Standing Committee also notes that in a news release dated November 18, 2009, the GN released community-specific information concerning the number of H1N1 vaccinations that had been administered across the territory.
This approach strikes the Standing Committee as being inconsistent.
The Standing Committee recognizes that great care must be taken in establishing the appropriate balance between the public’s right to know and individual privacy rights.
In her response to questions on this issue, the Information and Privacy Commissioner noted that:
“When we’re talking about health information in particular, health information, of course, is some of the most sensitive personal information we will ever have about ourselves.
I am a little surprised  to hear that, frankly, because the name of a community is not personal information, the name of a community is general information.
That having been said, I know that there are a number of very small communities in Nunavut.
I suppose there is the question about whether the disclosure of the fact that a particular community has been hit hard by the H1N1 virus will identify individuals who have, in fact, been hit by the H1N1 virus.
It’s a sensitive area. I don’t see any reason why it hasn’t come to me as a question.
Off the top of my head, I can’t think of any reason why the name of a community that has been hit by a communicable health problem such as H1N1 shouldn’t be named.
I don’t know what the policies are of the Department of Health or why they have taken that position.
All I can tell you is that from my perspective as Information and Privacy Commissioner, there is no reason not to disclose the names of those communities.”
The Information and Privacy Commissioner also commented that:
“In my opinion, as Information and Privacy Commissioner, the disclosure of the city, Yellowknife, that there is an H1N1 case in Yellowknife doesn’t identify me as the person who has H1N1.
On the other hand, in a small community with 100, or 200, or 250 people is identified as a community in which there is an H1N1 case, it is far more likely that the person who has that illness is going to be identifiable.
It is a fine line.
There needs to be some common sense applied to it, but I understand, frankly, both sides of the equation here and I understand the sensitivity of the issue.
A lot of what I do is applying common sense to situations.
So on this issue, the bottom line is what you want to avoid doing is identifying individuals who have the H1N1 virus, bottom line.”
Standing Committee Recommendation #2:
The Standing Committee recommends that the Government of Nunavut reviews its practices in the area of disclosure of information concerning the H1N1 virus.
The Standing Committee further recommends that the government’s next annual report on the administration of the Act include an update on its activities in this area.
Issue: Review of Legislation in Relation to Adoption
As noted earlier in this report, the issue of open and closed adoptions was raised during the Standing Committee’s hearings.
The Standing Committee is of the view that this issue merits consideration during the development of new legislation to ensure that Nunavut’s practices in this area reflect and respect Inuit societal values.
Standing Committee Recommendation #3:
The Standing Committee recommends that the Government of Nunavut’s upcoming development of a new Child and Family Services Act takes into consideration the issue of adoption.
Issue: Application of Access to Information and Protection of Privacy Legislation to Municipalities
In her 2007-2008 annual report to the Legislative Assembly, the Information and Privacy Commissioner recommended that “steps be taken to add municipalities as public bodies under the existing [Access to Information and Protection of Privacy Act], or that new legislation be developed to apply to municipal governments in Nunavut”.
GN response to the 2007-2008 recommendation:
“The GN agrees that privacy and access legislation is needed for municipalities but is reluctant when municipalities have neither the financial resources nor the staff capacity.
The Federal Commissioner will accept privacy complaints regarding municipalities.”
During her October 1, 2009, appearance before the Standing Committee, the Information and Privacy Commissioner affirmed her view that the Government of Nunavut should consider amending the Access to Information and Protection of Privacy Act to include municipalities.
She stated that:
“Municipal governments have to be accountable just the same as territorial and federal governments.
Privacy is precious.
Without any rules or guidelines on how a municipality views personal information that they collect to do their business, there is no guarantee that personal information will be protected in the hands of municipalities.
There are benefits.
As I said, I think that you would find that some municipalities at least would welcome some guidelines as to what they can and can’t disclose and in what circumstances.
Legislation would provide those guidelines.
The issue of the application to the federal Personal Information Protection and Electronic Documents Act (PIPEDA) to municipalities in the territories was also addressed during the Standing Committee’s hearings.
The Information and Privacy Commissioner stated that:
“The federal Privacy Commissioner’s office has taken the position that all commercial enterprises in the three territories come under PIPEDA … PIPEDA applies only to commercial undertakings.
To a  large extent, I think that it would be a push to suggest that municipalities were commercial undertakings.”
The Information and Privacy Commissioner also noted that:
“Regardless of whether or not PIPEDA applies to municipalities, and there is some debate as to whether or not it does, that doesn’t help with the access to information side of things.
Governments are governments and unless we have access to information and protection of privacy, there’s a gap.
I have long advocated for inclusion of municipalities.”
This issue engendered considerable discussion during the Standing Committee’s hearings.
One example that was raised concerned the voters list that the City of Iqaluit had recently posted on the internet.
The list contained voters’ addresses and house numbers.
The Information and Privacy Commissioner stated that while voters lists are “public documents for very good policy reasons,” she also indicated that, “I don’t think the public needs to know everybody’s postal address, street address, or any other information.
I think the name would be more than sufficient if you are posting it online.”
While the Standing Committee supports the principle that all levels of government should respect the importance of ensuring access to information while safeguarding personal privacy of residents, it also recognizes the challenges that face Nunavut’s small communities with respect to the issue of their administrative capacity to manage a complex access to information and protection of privacy regime.
The Standing Committee recognizes that immediately designating municipalities as public bodies under the territorial Act is not necessarily a feasible solution in the short term.
“Voluntary guidelines perhaps could be established for all of the municipalities to kind of give them a taste of what might be coming.
I also quite frankly like your suggestion of one central office which could handle perhaps all access and privacy issues for all of the municipalities … it’s a way to get it done without putting an extra burden on the municipalities.”
Standing Committee Recommendation #4:
The Standing Committee recommends that the Government of Nunavut, in cooperation with the Nunavut Association of Municipalities and the Office of the Information and Privacy Commissioner, review the issue of access to information and protection of privacy at the municipal level.
This review should give consideration to the appropriate mechanisms to achieve progress in this area, including those that were discussed during the Standing Committee’s hearings.
Issue: Review of the Role of the Information and Privacy Commissioner of Nunavut
In her 2007-2008 annual report to the Legislative Assembly, the Information and Privacy Commissioner recommended that:
“It may be that it is time to consider a different approach to the office, perhaps by making it a half-time or even a full-time position so as to ensure that the Information and Privacy Commissioner has the dedicated time to commit to [increasingly technical aspects of the position].
Alternatively, it may be that the Information and Privacy Commissioner needs to be given a budget to allow her to hire contract staff to carry out some of the functions of the office, to assist in investigations or with technical issues or with a public education campaign.”
“The Information and Privacy Commissioner is an independent oversight body reporting to the Legislative Assembly.
Therefore, the GN is unable to respond.”
During the Standing Committee’s hearings, the idea of combining the Information and Privacy Commissioner’s functions with those of an ombudsperson and an office to provide protection for whistleblowers was discussed.
The Information and Privacy Commissioner commented that, “it’s not a bad idea to explore an ombudsman’s office combined with the Information and Privacy Commissioner and a whistleblower.”
On October 26, 2009, the Full Caucus of the Legislative Assembly announced that “an independent position to represent and articulate the needs of children and youth will also be established during the life of the Legislative Assembly.”
The Standing Committee is aware that the Government of Nunavut has previously committed to considering whistleblower protection as part of the legislative review of the Public Service Act.
The 2009-2010 business plan of the Office of the Legislative Assembly indicates that one of its goals for the 2009-2010 fiscal year is to “ensure that the position of Information and Privacy Commissioner of Nunavut is filled following the expiration of the present incumbent’s appointment in  November 2009.”
Under subsection 61(3) of the Access to Information and Protection of Privacy Act, “A person holding office as Information and Privacy Commissioner continues to hold office after the expiry of his or her term of office until he or she is reappointed, a successor is appointed or a period of six months has expired, whichever first occurs.”
Standing Committee Recommendation #5:
The Standing Committee recognizes that any fundamental changes to the role of the Information and Privacy Commissioner, including the creation of new statutory positions such as an ombudsman or a position to provide assistance and protection to whistleblowers, would require not only significant amendments to the Access to Information and Protection of Privacy Act, but would also require the introduction of new legislation.
The Standing Committee recommends that this issue be considered in the context of the Legislative Assembly’s upcoming recruitment exercise to select the next Information and Privacy Commissioner of Nunavut.
The Standing Committee further recommends that the government’s next annual report on the administration of the Act include an update on its progress towards establishing whistleblower protection.
Issue: Amendments to the Access to Information and Protection of Privacy Act to Include Privacy Reviews
In her 2008-2009 annual report, the Information and Privacy Commissioner recommended that:
“Amendments be made to the Act to allow for a review process where there is a concern that someone’s personal information has been improperly collected, used or disclosed.”
With the exception of the 2004-2005 annual report, this recommendation has been included in every one of her annual reports since 1999-2000.
The government’s response to this recommendation has been substantially the same in every year.
The Information and Privacy Commissioner has conducted reviews and recommendations on privacy complaints.
However, as she stated in her most recent annual report, there is “no obligation imposed on public bodies to co-operate with those investigations or to take any steps to address recommendations made.”
In her opening comments to the Standing Committee, she reiterated the importance of amending the ATIPP Act to “include some formal mechanism to deal with privacy complaints” and stated that:
“The one thing that this Act really is missing is a way to enforce those privacy provisions in the Act and a way to make things better when there are privacy breaches.
Right, now, the only way to address that is to prosecute somebody and that’s not the answer.
The answer is to change things so it doesn’t happen again.”
“The GN will consider providing for a review of breach of privacy complaints in any future amendments to the Act.”
Standing Committee Recommendation #6
The Standing Committee supports the Information and Privacy Commissioner’s position and recommends that the Government of Nunavut consider it to be a priority amendment as part of its next legislative review of the ATIPP Act.
The Standing Committee further recommends that the GN consult with the Office of the Information and Privacy Commissioner in the development of these amendments.
Issue: Electronic Records Management, E-mail and Mobile Devices
In her 2007-2008 annual report, the Information and Privacy Commissioner stated that:
“It is vital that all government employees working with electronic medium and using the internet to communicate and exchange information completely and fully understand the appropriate rules for storing and recording such transactions and that the records management system that relates to electronic records are clear and strictly enforced.”
“It is important that there be written government policies regarding electronic medium and that these policies are reviewed regularly to ensure that they keep pace with changing technologies.
To the extent that these policies already exist, they should be made part of all orientation programs and should be repeated and reinforced constantly and strenuously enforced with serious consequences attached to a failure to comply with the policies.”
In her 2008-2009 annual report, the Information and Privacy Commissioner stated that:
“There seems to be no real government-wide system for filing and storing e-mail communications … there needs to be an effort to devise a system which is to be used by all government employees with consequences for improper storage.”
“The GN has a policy regarding emails and the use and retention of emails … this policy prohibits anyone from deleting or otherwise denying access to Government records including e-mail messages and requires all employees to apply to electronic records the same Records Management Policies that apply to all GN Records … The GN recognizes that there is still more training needed in the area of electronic files and their management and strives to improve and work on proper procedures on an ongoing basis.”
A number of the government’s policies in this area are available on the GN’s website.
“Employees be reminded on an ongoing basis that, notwithstanding the fact that the Collective Bargaining Agreement allows personal use of government e-mail systems by employees, those communications are subject to the Access to Information and Protecting of Privacy Act and may be the subject of an access request.
They should be reminded often that caution should, therefore, be exercised when taking advantage of their government e-mail for personal communications”
The importance of employee awareness was also noted in her opening comments to the Standing Committee, during which she provided the following advice: “use government email for personal communications at your own peril and know that it is not private and may be subject to public scrutiny.”
This recommendation first appeared in the Information and Privacy Commissioner’s 2006-2007 annual report.
“The GN has recently developed a policy (Acceptable Use of Handheld Wireless Devices - May 14, 2007) with respect to records produced and stored on personal computers and other personal or GN-issued devices not always connected to the main network such as cell phones, laptops, PDAs and other hybrid devices such as Blackberry.”
Standing Committee Recommendation #7:
The Standing Committee recognizes that the pace of technological change is such that governments must make ongoing efforts to ensure that their policies, practices and procedures remain current.
The Standing Committee recommends that the government review its policies, practices and procedures in this area on an annual basis.
Issue: Information and Privacy Commissioner’s Discretion to Extend the Time for Requesting a Review
“The Information and Privacy Commissioner be given discretion to extend the time for requesting a review in appropriate circumstances, except where the issue involves a third party objection to the disclosure of information.”
This recommendation also appeared in the Information and Privacy Commissioner’s 2007-2008 annual report.
“The GN will consider changes to the discretionary powers of the Commissioner in regards to this situation in any future amendments to the Act.”
Standing Committee Recommendation #8:
The Committee supports the Information and Privacy Commissioner’s position and recommends that the Government of Nunavut consider it to be a priority amendment as part of its next legislative review of the ATIPP Act.
Issue: Development of Health Sector Privacy Legislation
In her 2008-2009 annual report, the Information and Privacy Commissioner strongly recommended that:
“Steps be taken to begin the process of developing health sector privacy legislation as soon as possible.”
This recommendation first appeared as a specific recommendation in the Information and Privacy Commissioner’s 2007-2008 annual report.
However, it was also referred to as far back as her 2000-2001 annual report in which she stated “it is important to have good legislation in place that will provide strict guidelines for the whole of the health industry when dealing with personal health information.”
In her most recent annual report, she also states that “every jurisdiction in Canada, other than Nunavut, has now either passed health specific privacy legislation to address the very real privacy concerns raised by electronic records.”
“The GN is currently not in a position to develop new privacy legislation ... Through its active participation on the Pan-Canadian Privacy Forum on Electronic Health Record (EHR) Information Governance, the GN is gaining significant insight and information on the legislative requirements and complexities associated with health information and EHRs.
This will facilitate the development of health specific legislation in the future.
The GN is currently working on its integrated EHR system … A privacy work plan is currently being finalized to ensure that the EHR system is compliant with legislative requirements and privacy best practices.”
Standing Committee Recommendation #9:
The Standing Committee recognizes the importance of achieving progress in this area and recommends that the Government of Nunavut continue its efforts to move forward to introducing legislation.
Issue: Protection of Children from On-Line Risks and Development of Curriculum Materials
In her 2007-2008 annual report, the Information and Privacy Commissioner recommended that:
“Consideration be given to including in school curriculums specific information about electronic medium and strategies for protecting children from on-line risk, beginning at the elementary school level.”
“Steps be taken to include comprehensive instruction on new technologies, including instruction with respect to safety on the internet.”
“The current junior high school curriculum includes coverage of risk factors involved in aspects of media communications.
In addition, students are required to sign an agreement that they will only use internet and other electronic systems for positive learning purposes. … to strengthen the approach to this potentially serious issue, as the Department of Education develops a new Information Technology curriculum for Nunavut schools, this topic will be included at all grade levels.”
During her appearance before the Standing Committee, the Information and Privacy Commissioner informed Members that her attempts to have guest speakers visit Nunavut to speak about access to information and privacy issues “fell through” in the 2008-2009 fiscal year.
She informed the Committee that she will continue to try and arrange events of this nature.
The Information and Privacy Commissioner also stated that she hopes and intends to arrange for Professor Val Steeves from the University of Ottawa to travel to the territory to speak to high school students in Nunavut.
She also stated that there is an ongoing collective effort among “Information and Privacy Commissioners from across the country, on a number of initiatives aimed at children, teenage children in particular.”
She also stated that she is “working on a couple of projects to create brochures and such for high school students.”
In her 2008-2009 annual report, the Information and Privacy Commissioner stated that “times are changing and school curriculums should be changing as well.”
During her appearance before the Standing Committee, she also affirmed that “it’s not just kids whose view of privacy is changing but the world view of what is appropriate, what should be private, and what isn’t private is changing.”
Standing Committee Recommendation #10:
The Standing Committee recognizes that children are using the internet and related technologies at increasingly young ages.
The Standing Committee recommends that the Department of Education continue its efforts to include relevant curriculum in elementary schools.
The Standing Committee further recommends that the government’s annual report on the administration of the Act include an update on its activities in this area.
Tabling Dates of Annual Reports of the Information and Privacy  Commissioner, GN Responses and GN Annual Reports
Information  and Privacy Commissioner’s Annual Reports
GN responses to Standing Committee Reviews of the IPC’s Annual Reports
GN responses to the IPC’s Annual Reports
GN Annual Reports on the Administration of the ATIPP Act
October 27, 2000
December 4, 2001
November 14, 2001
March 4, 2003
November 27, 2002
December 2, 2003
December 4, 2003
(June 2004)*
November 25, 2004
(May 31, 2004)*
November 15, 2005
November 18, 2005
November 30, 2006
March 13, 2007
November 22, 2006
October 26, 2007
February 19, 2008
May 26, 2008
June 8, 2009
Not yet tabled
June 11, 2009
* Not tabled, but available
Statistics on Requests and Review Recommendations reported by the Information and Privacy Commissioner
Review Recommendations (made under Section 35 of the ATIPP Act)
16*
4****
Requests for Review regarding Access to Information
Requests for Review regarding Privacy
Requests for Review regarding Fees
Requests for comment (on the scope of the ATIPP Act, government initiatives related to the ATIPP Act, or legislation)