The most recent report on the state of privacy and access to information in the NWT is about to go under the microscope at the Legislative Assembly.
Last July, the NWTSA国际影视传媒檚 Information and Privacy Commissioner, Andrew Fox, released his annual report on the state of privacy and access to information, his first since assuming the role in November 2020. The report was tabled by the Legislative Assembly in November 2021.
There are two acts governing the publicSA国际影视传媒檚 right to access information in the NWT: the Access to Information and Protection of Privacy Act (ATIPPA), which governs access to records held by public bodies and other select organizations; and the Health Information Act (HIA), which governs access to and sharing of personal medical records.
Between March April 1, 2020 and March 31, 2021, there were 66 privacy-breach notifications registered under the HIA. During the same time period, there were 14 reviews conducted of unlawful disclosure or collection of medical information. Several of these reviews are summarized in the Privacy CommissionerSA国际影视传媒檚 report.
In one case, an employee of the Department of Health and Social Services sent a patientSA国际影视传媒檚 private health information to a relative without realizing that doing so was a violation of the HIA; In another, documents with confidential health information were found abandoned in a house that had formally been occupied by employees of the NTHSSA.
The report notes a SA国际影视传媒渃oncerning numberSA国际影视传媒� of the 66 breaches to the HIA were related to employees using fax machines to send medical records.
SA国际影视传媒淔or some reason, we continue to use fax machines in our healthcare system,SA国际影视传媒� Yellowknife North MLA Rylund Johnson said. SA国际影视传媒淚t just seems amazing to everyone involved.SA国际影视传媒�
Johnson chairs the committee that will be reviewing the report on Feb. 10. He says much of the problem can be chalked up to the health authority SA国际影视传媒渘ot prioritizing investment in electronic medical records.SA国际影视传媒�
In July of last year, several amendments were made to the ATIPPA, which are previewed in the report. These include a clause mandating that residents be notified when their personal information is disclosed in a way that poses SA国际影视传媒渁 real risk of personal harm,SA国际影视传媒� and a SA国际影视传媒減ublic interest overrideSA国际影视传媒� provision that would require public bodies to reveal otherwise confidential information in cases where doing so would reveal SA国际影视传媒渁 risk of significant harm to the environment or to health and safety of the public.SA国际影视传媒�
In his report, Fox expresses optimism about changes coming to how privacy is handled in the territory.
SA国际影视传媒淚n reviewing privacy breach reports provided under the HIA, my office has observed real improvement of public bodiesSA国际影视传媒� awareness of privacy issues and best practices for appropriate handling of personal information and personal health information,SA国际影视传媒� he wrote.
Johnson says he shares this optimism.
SA国际影视传媒淭hereSA国际影视传媒檚 a lot of hope here,SA国际影视传媒� he said. SA国际影视传媒淚tSA国际影视传媒檚 gonna depend on the GNWT to implement it properly, but the framing is there.SA国际影视传媒�
Residents can tune in to the proceedings Thursday, Feb. 10 at noon via the Legislative AssemblySA国际影视传媒檚 website or the LATV network.
