GNWT employees air their concerns over access to information laws

As the NWT government reviews its information access and privacy law, a new report details some of the challenges staff say they are facing.

Multiple reports from the information and privacy commissioner have documented shortcomings with the timeliness of the territory’s response to information requests and its handling of private information.

A new report summarizing feedback on the Access to Information and Protection of Privacy Act provides a rare glimpse behind the curtain, documenting some qualms territorial employees say they have with the system.

The report’s findings were based on 24 pre-interviews and 18 interviews with 23 “stakeholders” including GNWT employees and staff at the information and privacy commissioner’s office. The report also outlines responses from an online survey completed by 64 people.

Some of the issues territorial employees highlighted in interviews included challenges meeting legislated deadlines, difficulty interpreting the act, a lack of training, and abuse of the system.

Several respondents said it can be difficult for smaller public bodies to respond to information requests within the timelines dictated in the act, particularly “when requests are broad, high-volume or submitted during peak operational periods.”

Some staff reported an excessive number of time-consuming information requests, particularly from consultants, that they perceived as being “overly sweeping and not necessarily relevant to the work of the requesting parties.”

Employees also said ambiguity in the wording of the act has led to inconsistent application, with non-legal staff especially struggling to understand the legislation.

‘Malicious’ information requests and concealment

Some interview participants said the act has sometimes been used as “an instrument of harassment” by applicants. They said there are no checks for whether an information request should proceed or whether it was made with “malicious intent,” and that such requests require multiple staff to process.

A few people told interviewers there is a lack of awareness among territorial employees that all communication on government devices could be subject to an access to information request.

“This realization can and has led to concealment of information due to the disinclination to having the contents of the communications examined,” the report states, giving the examples of employees avoiding putting something in a record or curating the content of their communications.

One interviewee said while there is an expectation of integrated service delivery across the GNWT, a lack of integrated data makes it difficult to achieve.

Another person said the territory’s records management system is lacking but the act requires strong records management, making it difficult to implement.

Many employees did say the legislation is important for transparency and accountability and helps guide government bodies on the collection and management of personal information.

“The ATIPP Act in its current state encourages a more responsive government and enhances trust in government as it provides a legal basis through which personal information is collected, used and disclosed,” the report states.

Act overhauled in 2021

Major changes were made to the Access to Information and Protection of Privacy Act in 2021.

They included tightening deadlines, giving the information and privacy commissioner more power to make orders, and eliminating the application fee for information requests. (Applicants can still be charged processing fees for large requests if the total cost of processing the request is more than $250).

Changes were last made to the legislation in 2023.

In the recent report on the act, several employees suggested rolling back some of those changes, particularly when it comes to deadlines and fees.

Some people said the fee schedule should be changed to reduce the number of large requests, and a few suggested bringing back application fees.

Several people said they want expanded legislated timelines to respond to information requests as well as more time for extensions, particularly for large-scale or complex requests. They also called for automatic extensions during emergencies and unplanned disruptions.

Many interviewees suggested that the territory create a plain-language version of the act with clearer wording and practical examples.

To extend or not to extend?

The information and privacy commissioner has said for years the NWT government lacks adequate staff to meet the demand for access to information. He told Cabin Radio in 2024 that he felt extending timelines was “not the best way forward.”

The weakness most frequently highlighted by survey respondents was capacity issues, including understaffing, high turnover, insufficient funding and outdated systems to complete information requests.

Addressing those issues was the main response chosen by survey respondents when it came to improving the act.