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ETHI Committee Report

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CHAPTER 10: THE OFFICE OF THE INFORMATION COMMISSIONER

The Committee heard some discussion about the idea of merging the Office of the Information Commission and the Office of the Privacy Commissioner. The access to information and privacy commissioners from Quebec, Alberta and Ontario said that having combined offices was useful when it comes to personal information.[247], [248], [249]Mr. Beamish pointed out that “when there's a need to balance the right to privacy with a public interest or need for transparency and openness,” this can be done effectively.[250]

Mr. Drapeau said the two offices should have a common administrative service.[251]

On the other hand, Edward Ring, Information and Privacy Commissioner of Newfoundland and Labrador, said that, in his view, “the size and magnitude of the work involved in the federal bureaucracy requires two offices.” [252]He was supported by Mr. Wudrick[253] and Mr. Holman.[254]

Ms. Stoddart noted that the two offices perform different functions. She said that while the Office of the Information Commissioner tends to be concerned with access to government information, the Office of the Privacy Commissioner has a role in providing advice to the government on privacy issues involving technology, developments in the private sector and privacy issues related to national security. She also said that the two offices usually settle their differences out of court.[255]


[247]         House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 8 March 2016, 1010 (Diane Poitras, Vice-president, Commission d'accès à l'information du Québec).

[248]         House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 8 March 2016, 1010 (Jill Clayton, Information and Privacy Commissioner of Alberta).

[249]         House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 8 March 2016, 1010 (Brian Beamish, Information and Privacy Commissioner of Ontario).

[250]         Ibid.

[251]         House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 12 April 2016, 0845 (Michel Drapeau, Professor, University of Ottawa, Faculty of Common Law, as an individual).

[252]         House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 19 April 2016, 1005 (Edward Ring, Information and Privacy Commissioner of Newfoundland and Labrador).

[253]         House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 19 April 2016, 1005 (Aaron Wudrick, Federal Director, Canadian Taxpayers Federation).

[254]         House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 19 April 2016, 1005 (Sean Holman, Vice-President, Canadian Association of Journalists).

[255]         House of Commons, Standing Committee on Access to Information, Privacy and Ethics, Evidence, 1st Session, 42nd Parliament, 31 May 2016, 1035 (Jennifer Stoddart, Member, Independent Statutory Review Committee, as an individual).