DOJ: Provide an Update on Promised FOIPOP Changes
CLAUDIA CHENDER « » : My question is for the Premier. The mandate letter for the Minister of Justice instructs the minister to amend the Freedom of Information and Protection of Privacy Act to give order-making ability to the Privacy Commissioner. I'll table that. When asked by reporters in November, the Premier said that he was not focused on it, but hoped to have it ready for the Spring sitting - and I'll table that.
Stephen McNeil also campaigned on a promise to give order-making powers to the Commissioner, and also broke that promise as soon as he was elected. My question for the Premier is: Where are the amendments to the FOIPOP Act and when will you table them?
HON. BRAD JOHNS « » : As I'm sure the member knows, the current FOIPOP legislation is well over 20 years old. Both the Commissioner, Ms. Ralph, as well as members of our department - it became very clear very quickly that there needed to be more than just order-making powers, and we're moving forward still with looking at FOIPOP.
CLAUDIA CHENDER « » : There needs to be more than just order-making powers and yet yesterday the province's Information and Privacy Commissioner told the Law Amendments Committee that her office was not even consulted about the government's changes to a key privacy bill. She said that amendments presented by the government could actually weaken privacy protection and reduce the government's ability to respond to information breaches. This is in the health field, I can remind everyone.
Our Freedom of Information and Protection of Privacy Act is in fact almost 30 years old and the Commissioner's office has been asking for the Act to be updated since at least 2017. I am glad that the Premier finds this funny and I look forward to his answer to the question of when he will agree to update the Act as recommended by the Commissioner; and further, if he might think about talking to her the next time he wants to change our privacy laws.
BRAD JOHNS « » : I believe that although Commissioner Ralph was not consulted, I do believe that the department was consulted prior to her being there. (Interruption) I'll defer that in regard to yesterday's Law Amendments, but thank you very much for the Noes.
Once again, this legislation is important, but it also has a huge effect to more than just government. It affects over 250 organizations across the province - universities, hospitals, school boards, municipalities. We want to do this and we want to do it right. We recognize that it's outdated legislation, so it's still in my mandate letter and we will be coming back with it shortly.