Nova Scotia’s Departed Privacy Commissioner Advocates for Stronger Access to Public Records

Tricia Ralph, Nova Scotia’s former privacy commissioner, recently completed her five-year term and is urging the provincial government to empower her successor with the necessary resources and authority to ensure citizens can access public records.

As the commissioner, Ralph was responsible for reviewing complaints from citizens who were denied access to documents and records by government departments and agencies. However, she expressed frustration over the lack of compliance from public bodies with her decisions, often leaving citizens with no choice but to go to court to obtain the information they were seeking.

Ralph emphasized the need for order-making power for her former office, which would give more weight to its decisions. This means that if the commissioner determines that a document should be made public, the government agency would be required to appeal to court, rather than the individual requesting the record.

“Of all the legislative changes we’re seeking, that’s by far the most important,” Ralph stated.

Although Premier Tim Houston had previously promised to grant the commissioner’s office order-making power in 2021, he has since backtracked on this commitment. Houston cited concerns about sensitive information, particularly regarding security matters, being released if the office had such authority.

Ralph countered this argument by suggesting that placing the onus on the government to appeal decisions would still allow for a security net while ensuring transparency.

Ralph also highlighted the urgent need for more investigators and resources for her office, as the current wait times for review decisions are as long as four years in some cases. She stressed that timely access to information is crucial, and delays negate the purpose of the freedom of information law.

Furthermore, Ralph called for improvements to the province’s freedom of information law, which has not been updated in over 25 years. She advocated for better staffing and funding to address the backlog of requests and streamline the process.

While Ralph expressed hope that an ongoing review of the legislation would lead to positive changes, she raised concerns about the lack of transparency in the process, as it has been conducted behind closed doors and overseen solely by civil servants.

In response to Ralph’s recommendations, Justice Minister Becky Druhan acknowledged the need for reform and expressed openness to considering the commissioner’s suggestions, including the possibility of granting order-making powers.

Despite recent changes introduced by the government, including allowing public agencies to reject requests deemed vexatious or frivolous, Ralph remains steadfast in advocating for transparency and accountability in accessing public records.

As Nova Scotia continues to navigate the complexities of freedom of information laws, the legacy of Tricia Ralph serves as a reminder of the importance of upholding citizens’ rights to access public records.