Administrative Tribunal Decisions and Privacy

1. Administrative Tribunal Decisions and Privacy R. Gary Dickson, Q.C. Saskatchewan Information and Privacy Commissioner Canadian Assoc. of Law Libraries, 2008

2. So, what’s the big deal? • “The computerisation of data and the possibility of carrying out full-text searches creates an unlimited number of ways of querying and sorting information, with Internet dissemination increasing the risk of collection for improper purposes. Furthermore, computerisation has made it much easier to combine…data from different sources, so that a profile…of the individuals can be obtained.” (European Commission Privacy Working Party, 1998) Canadian Assoc. of Law Libraries, 2008

3. A Saskatchewan Perspective • OIPC Investigation Report 2005-001 (Automobile Injury Appeal Commission) • The response to our recommendations • Reference material Canadian Assoc. of Law Libraries, 2008

4. Investigation Report 2005-001(1) • Automobile Injury Appeal Commission • Routinely published full-text decisions on its website (www.autoinjuryappeal.sk.ca) • Complaint from an applicant concerned the disclosure of personal information and personal health information via the Internet Canadian Assoc. of Law Libraries, 2008

5. Investigation Report 2005-001 (2) • Position of the Commission • Matter of public record • Information already available to the public • Disclosure authorized by FOIP Act • Since courts routinely publish decisions on the Internet, admin. Tribunal is in the same position Canadian Assoc. of Law Libraries, 2008

6. Investigation Report 2005-001 (3) • Found that Internet publication not require3d by law • Found that publishing the full text decisions on its website, without masking the identity of applicants violated their right to privacy • Recommended that identity of applicants should be masked before Internet publication Canadian Assoc. of Law Libraries, 2008

7. Investigation Report 2005-001 (4) • Commission rejected “masking recommendation” • Questions in the Legislative Assembly met with a response that government would not interfere with the independence of the Commission Canadian Assoc. of Law Libraries, 2008

8. Resources • Alberta (Attorney-General) v. Krushell, [2000] A.J. No. 358 (Q.B.) • Paisley Park Enters., Inc. v. Uptown Prods., 54 F. Supp. 2nd 347, 249 (S.D.N.Y. 1999) • Recommended Protocol for the Use of Personal Information in Judgments, (Canadian Judicial Council, 2005; Available online at www.cjc.-ccm.gc.ca) Canadian Assoc. of Law Libraries, 2008

9. Resources (continued) • Public Records on the Internet: The Privacy Dilemma (Beth Givens, 2002; Available online at www.privacyrights.org/ar/onlinepubrecs.htm) • Open Courts, Electronic Access to Court Records and Privacy (Canadian Judicial Council, 2003) Canadian Assoc. of Law Libraries, 2008

10. Resources (continued) • European Commission Working Party on the Protection of Individuals with Regard to the Processing of Personal Data (COM (1998) 585 final) • Public Registers and Privacy – Guidance for the Victorian Public Sector (Office of the Victorian Privacy Commissioner-Australia, Available at http://www.privacy.vic.gov.au) Canadian Assoc. of Law Libraries, 2008

11. Resources (continued) • B.C. OIPC Report on Public Access to Property Tax Assessment Rolls (1998) Available online at http://www.oipc.bc.ca/investigations/reports/invrpt11.html) • 1998 Audit Report on Alberta Registries • Alberta OIPC Report 2000-022 Canadian Assoc. of Law Libraries, 2008

12. Questions ?? • Office of the Saskatchewan Information and Privacy Commissioner • Phone: (306) 787-8350 • Fax: (306) 798-1603 • Email: info@oipc.sk.ca • Website: www.oipc.sk.ca Canadian Assoc. of Law Libraries, 2008