Commissioner Michael Harvey has provided his submission to Chair David Orsborn of the 2020 ATIPPA Review Committee. While he offers a number of suggestions for improvement, Harvey’s key message to the Review and to government is: “Move forward, not backward” The submission is available on the Office’s web site at: https://oipc.nl.ca/pdfs/OIPCATIPPA2015-2020StatReviewSubmission.pdf.

The 2014 Statutory Review of ATIPPA Chaired by former Premier and Chief Justice Clyde Wells produced what is widely accepted to be one of the best laws of its kind in Canada, the Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015). It received unanimous approval from all parties in the legislature, and it came into force in June 2015.

Over the past five years, more and more citizens have used the access to information process, and thanks to the ATIPPA, 2015 they are getting more information, more quickly and at less cost than ever before. Access to information is now a Newfoundland and Labrador success story of which we can all be proud.

One of the biggest features of the 2014 Review was the many voices joining together to insist that the Commissioner be able to access and review any records, including records where there was a claim of solicitor-client privilege, to make sure citizens were not being wrongly denied access to information. That role had been taken away through the infamous Bill 29. The Wells Committee, spoke clearly about the importance of the Commissioner’s ability to review these records to confirm that public bodies were following the law, as did the government of the day in the House of Assembly when ATIPPA, 2015 was being debated.

Unfortunately, in the past year, the Department of Justice and Public Safety has begun an effort to chip away at that clear legislative direction, and is now refusing to provide the records, or indeed, any evidence to the Commissioner, in support of its claims of solicitor-client privilege. “This is extremely concerning,” said Harvey. “If the government is preventing me from reviewing records, then I can’t provide independent oversight of what public bodies are shielding from public view. My strongest appeal for this review of ATIPPA, 2015 is to simply allow me to do my job. Don’t go back to Bill 29.”

Commissioner Harvey instead sees the 2020 ATIPPA review as an opportunity to move forward by modernizing the statute to greater protect privacy: “It is clear that Newfoundlanders and Labradorians are increasingly concerned about their privacy in this digital age. Biometrics and artificial intelligence are emerging technologies that government may view as a means to improve public services, however this could come at the cost of our privacy if not properly implemented. It’s important to have laws with independent oversight to make sure those privacy rights are protected before new technologies become commonplace within government.”

-30-

Media contact
Sean Murray
Director of Research & Quality Assurance
709-729-6309