Yukon Information and Privacy Commissioner
News Release: Bill 24 ATIPP Act
Tue, Oct 09, 2018
FOR IMMEDIATE RELEASE
OCTOBER 9, 2018
IPC HAS CONCERNS ABOUT THE NEW ATIPP ACT
WHITEHORSE – Yukon’s Information and Privacy Commissioner (IPC) has some concerns about Bill 24, the Access to Information and Protection of Privacy Act (ATIPP Act), tabled in the Yukon Legislative Assembly last week. Diane McLeod-McKay is asking MLAs to review her concerns and consider whether the Bill should be amended before passage.
“My office was consulted extensively throughout the process of drafting the Bill,” said McLeod-McKay. “I am pleased that the drafters accepted many of my recommendations for strengthening the rights of Yukoners and others who access information or whose personal information is collected under the ATIPP Act. These are positive changes.”
The draft law expands the authority of public bodies to collect, use and disclose personal information to support innovation and the digital information economy. These features are balanced by controls to ensure privacy rights are maintained.
“I do have deep concerns about some aspects of the draft Bill,” added McLeod-McKay. “For example, it would be up to a complainant to take a public body to court if it rejects a recommendation by the Information and Privacy Commissioner. A complainant should not have to go to court and foot the bill to fight for their rights.”
McLeod-McKay also has concerns about weak offence provisions in the draft Bill, the lack of legislated information security requirements, the placement of too much power in the hands of one government employee, and the fact that the Bill will not automatically apply to municipalities. In addition, she notes that the ability of public bodies to collect, use and disclose information in the public domain may have a chilling effect on citizens.
Please see backgrounder for additional detail.
Diane McLeod-McKay, Information and Privacy Commissioner