Privacy commissioner, Sask. government disagree on use of NDP MLA's email in legislative debate

The province's information and privacy commissioner said the Saskatchewan government should not have shared an email from an Opposition MLA, but the government disagrees.

Last month, privacy commissioner Ronald Kruzeniski released the findings of his investigation into Nathaniel Teed's complaint that the government breached his privacy.  

About 10 months before Teed was elected as NDP MLA for Saskatoon Meewasin, he sent an email to the minister's office that is responsible for Saskatchewan's Liquor and Gaming Authority (SLGA.) 

Teed suggested the government should phase out public liquor stores.

The email was sent in November 2021, but it was made public last October when Lori Carr, who is the minister responsible for SLGA, read Teed's message during a debate about the privatization of government-run liquor stores. 

"I believe that the Saskatchewan government should phase out running any liquor stores. I honestly believe it's time to rip the band-aid off. I see the benefits of having private corporations run these stores..." Carr said, quoting the email. 

"These quotes are from [Teed,] the new member from Saskatoon Meewasin and the NDP SLGA critic."

After the minister read the email, Teed told reporters his views had changed since he wrote that and he criticized the government's decision to get out of the retail liquor business. 

Teed also requested the privacy commissioner investigate how the government used an email he sent months before he was elected. 

Privacy breached in two areas

After investigating the matter, Kruzeniski determined that Teed's privacy was breached in two areas.

In his report, Kruzeniski found that sharing a private citizen's opinion publicly from an email without their permission constituted a privacy breach, according to the Freedom of Information and Privacy Act.

"I am not satisfied that SLGA and/or Executive Council have demonstrated there is a public interest in the disclosure of the complainant's personal views and opinions as expressed in their email."

Kruzeniski said a second privacy breach occurred when executive council communications shared a copy of Teed's email with the media following question period.

He said a government communications staffer shared a non-redacted copy of Teed's email. The copy included Teed's email address, phone number and home address. The staffer later asked for the copy back but the media member had already made notes on it.

In March, Carr responded to Teed's complaint and apologized specifically for the sharing of his personal details.

"I sincerely apologize to you for this breach."

Government stands by use of email in legislature

However, Carr and the government have not apologized for sharing Teed's letter to the ministry in the assembly.

On Thursday, a government spokesperson released a statement in response to the privacy commissioner's report. It said all copies of the non-redacted email were destroyed.  

"As a result of two investigations regarding the breach earlier this year, the government has already acknowledged that some personal information in Mr. Teed's email was inappropriately disclosed and has apologized to Mr. Teed for that breach of privacy."

But in his report, Kruzeniski recommended the government apologize for both sharing the non-redacted email with the media and reading it in the assembly without Teed's permission.

The government is not planning to apologize for using Teed's email in the assembly.

"The government maintains that as Mr. Teed is now an MLA, disclosure of his opinion on an important public policy matter, namely his previous support of the privatization of liquor stores, is in the public interest," the statement said.

Kruzeniski said he did not feel the email contents were of public interest because the government had already decided to exit the retail liquor business.

On Thursday, Opposition leader Carla Beck said the Minister should apologize for using the email in the assembly.

"The willingness to use those letters, it was rather a rather cheap shot."

Beck said she wants the government to keep the ruling in mind when "dealing with private correspondence of citizens in this province, regardless of whether they're elected or not."