Too much demand and too few staff, N.W.T.'s information and privacy commissioner tells MLAs

The N.W.T.'s information and privacy commissioner says the territory's Access and Privacy Office (APO) needs more staff to keep up with the number of access to information requests it receives.

Presenting his latest annual report to a legislative assembly committee on Thursday, commissioner Andrew Fox said the APO received fewer requests in 2023/2024 compared to past years, but office staff still couldn't deliver responses on time. 

"It isn't getting better," he said. "Frankly, hats off to them, to the actual staff there, that they are not leaving." 

The commissioner's report, which spans from April 1, 2023, to March 31, 2024, says the APO saw 22 requests for review from applicants who didn't receive a response in time.

An access to information and protection of privacy (ATIPP) request allows individuals to ask for copies of government records. That can include anything from emails, meeting minutes, records about deceased family members, or any other documents held by government bodies. 

When an applicant submits an ATIPP request, the APO has 20 days to provide that information. If it needs more time, the information and privacy commissioner can grant an extension. 

Fox said he believes many staff go into the APO knowing they won't be able finish what needs to be done that day, "which is a bit difficult."

Fox said time and skilled staff are in short supply, and both require money.

"I've said it before to this committee, I'm here saying it again as unequivocally as I can. There were some statements made in the legislature earlier in this assembly to the effect that there was support for seeing access-to-information being provided within the timelines," Fox told the committee.

He added that he was aware of two staff positions that were approved and within budget for the Access and Privacy Office (APO) but that were then "sunsetted" since they were term positions.

The APO took on its current duties in 2021 and according to Fox's report, is still working with the same staffing and resource levels as when it first started.

The APO is responsible for handling access to information requests. Fox's role is to review those requests if someone makes a complaint about them, among other duties.

In response to suggestions from the premier to extend time for responses to access-to-information requests, Fox wrote in his report that it's not that simple.

"Lowering the requirements for public bodies is not the best way forward. Adjusting the response timelines without providing more resources to complete the work will not address the problem; it could only provide a temporary reprieve," the report states.