Privacy commissioner needs more resources, better legislation: NDP
SASKATOON The Saskatchewan NDP is calling for increased funding and stronger legislation to address a “highly concerning” backlog of files on the desk of the province’s information and privacy commissioner.
More money would solve the immediate problem of delays, while giving privacy commissioner Ron Kruzeniski the power to compel the release of documents would address a broader systemic issue, according to the party’s central services critic.
“What we see happening with this huge increase in reviews is people aren’t getting the information they’re asking for, and the disclosures they do get are either incomplete or reviewable,” the NDP’S Cathy Sproule said.
“If they feel strongly about (the disclosures they are receiving), the only process they can go through is the review process. And if that’s doubled or tripled, then it shows that there’s some disclosures that aren’t properly done.”
The Saskatoon Starphoenix reported Monday that Kruzeniski expects his office to open around 400 new privacy breach investigations and freedom of information request reviews this year, well above the previous record of 351 files set in 2017.
That has led to overworked analysts and significant delays. While Kruzeniski aims to issue a report within 120 days of receiving a file, the current turnaround time is 190 days — more than six months — leading him to say, “That’s not performance.”
The NDP pointed to one of its requests for records, which revealed documents related to what the party later described as a secret committee to explore selling Sasktel — a charge the government disputed.
The NDP, unhappy with what
Sasktel initially disclosed, asked Kruzeniski’s office to review the file on June 22, 2018. His report, which recommended the Crown corporation release additional records, was issued Aug. 6, 2019.
Freedom of information requests are frequently used by journalists, independent researchers like D’arcy Hande, whose work triggered a sweeping government inquiry into the Northern Village of Pinehouse, and Opposition political parties.
Sproule said long wait times are especially concerning for the NDP, as much of their work to hold government to account depends on timely access to information. Currently, she said, “you could have a new election by the time you get your review back.”
Kruzeniski is expected to ask the board of internal economy, the bipartisan legislative committee that controls funding for independent officers of the legislature, for more money to hire additional staff early next year. His budget is $1.97 million.
While it has been suggested the seven analysts in the office are overworked by 100 per cent or more, Kruzeniski said he would limit the request to two new analysts, which would bring the total to nine, so as not to appear “unreasonable.”
Sproule, who sits on the board, said she would wait to hear Kruzeniski’s specific request but indicated additional money is likely required. The government did not make any of its MLAS who sit on the board available for an interview.
It appears unlikely the province will implement Kruzeniski’s recommendation, made in his latest annual report, that his office be the power to order the release of documents rather than simply recommend their disclosure.