Privacy commissioner tells N.S. government to get on with improving freedom of information laws
More than one premier has promised action, but not delivered
Nova Scotia's privacy commissioner says there's no point updating progress on recommendations her predecessor made to modernize the system in 2017 because there's been so little action since then.
In her annual report, released Thursday, Tricia Ralph instead re-released the 2017 report's 34 recommendations for improving legislation that governs access to information and protection of privacy.
"This is because the same changes that were needed in 2017 are still needed in 2022," she writes.
"I have updated the 2017 recommendations to reflect additional best practices that have evolved since that time."
Like commissioners before her, Ralph notes the law is long overdue for an update that would include making her an independent officer of the legislature with power to issue binding orders. It's now left to the discretion of public bodies to implement recommendations from the commissioner.
Premier's changing stance
While in opposition that's something Premier Tim Houston vowed he would do, and later said he would do promptly after forming government last year.
Then last week, Houston appeared to be stepping back from his promise. He was even more clear about it while talking to reporters at Province House on Thursday.
"From the chair I'm in now, with the full view of the landscape, there are things that have given me pause," he said.
Asked for examples, Houston mentioned a recommendation to release information about a youth centre. He said doing so could have compromised the centre's security and people's private information.
That concern could be misplaced, however. In jurisdictions where the commissioner has order-making power, public bodies have the ability to challenge orders in court.
Former premier Stephen McNeil also promised to change that while in opposition, but did not do so upon getting into office.
NDP Leader Claudia Chender said it's frustrating to see Houston's change in tone.
While in opposition, Houston successfully sued the former Liberal government because it would not act on a recommendation by the commissioner to release information related to the operation of the Nova Scotia to Maine ferry service.
"He built a brand around transparency and calling for order-making powers and ... is very clearly backtracking and the question is why," said Chender.
Chender said Nova Scotians are becoming more aware of a "culture of secrecy" in government and they want better access to information. The public needs to know that the people they elect will act with integrity, she said.
"It's troubling when, you know, a party comes to office on a set of promises and those promises are abandoned."
Justice Minister Brad Johns told reporters he remains committed to doing a full review of the act, something he said would likely be done by an internal committee. That committee is still not in place.
But Ralph said the process does not require an extended effort.
Although she's pushing for public consultation, Ralph said the 2017 report lays the groundwork for what needs to be done by identifying problems with the current system, looking at how freedom of information works in other provinces and making recommendations for how to update it.
"It's time," she said in an interview.
"The legislation was drafted in 1993. It's been almost 30 years and I think a lot has changed in terms of our information and privacy practices in those years and the act needs to be updated to reflect that."
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