Sask. privacy commissioner releases 2018-19 annual report

The Saskatchewan Information and Privacy Commissioner’s 2018-19 annual report focuses on modernizing legislation in a digital world.

In his report released Thursday, Ronald Kruzeniski called for the “modernization of our access and privacy legislation to ensure new threats to privacy are sufficiently addressed and citizens are able to access public records with greater ease.”

Some highlights in the report include:

• Trustees to require express consent before using recording or video devices to collect personal health information
• Clarify that an access to information request may be made on the prescribed form, in writing or electronically
• Mandate trustees when using electronic means to collect, use or disclose personal health information to create, maintain and regularly audit records of user activity of those systems
• Explicitly state that access to manuals, policies, guidelines or procedures, if not on a government institution’s or local authority’s website, is provided free of charge
• Require all personal health information be stored in Canada
• Provide the ability of the Commissioner to comment on the privacy implications of new technology
• Include a section making access easier for those with disabilities
• Streamline the fee structure and provide that no citizen pays if the costs are under $200

Last year, the office of the privacy commissioner opened 324 files — 21 fewer than the year before.

Of the 324 cases, 144 were investigations, 126 were reviews, 52 were consultations and two were disregarded.

Out of the 95 reports filed last year, 46 per cent of public bodies or trustees fully complied, 41 per cent partially complied and nine per cent did not comply.

Any public body or trustee involved in a report is required to respond to the recommendations within 30 days; however, last year, three per cent of them did not.

“I think it comes with a degree of disappointment and frustration,” Kruzeniski said. “I think there’s a real desire to have a simple system and have it move more quickly and people be more responsive.”

One way to speed up the process, he noted, is allowing public bodies or trustees to appeal to court should they disagree with a recommendation — something Kruzeniski added to this year’s report.

“Basically, what we’re saying is that our recommendations are binding unless you, the public body, goes to court,” Kruzeniski explained, adding it’s currently the reverse; unhappy applicants can go to court to have a judge consider the matter, often costing between $10,000 and $12,000.

“I think that’s an unfair burden and it’s time it’s switched around.”

The office of the privacy commissioner closed 287 files last year. When it comes to these files’ resolutions, 13 per cent were informally resolved and 12 per cent came to an early resolution. Forty-five per cent of the cases went to a report and 18 per cent involved consultations. Twelve per cent were not proceeded with.