January 22, 2010

SELINGER, WOWCHUK TAKEN TO TASK FOR ILLEGAL PRIVACY VIOLATION

NDP and Hydro release private correspondence to media before it is even sent to the PC staff person it was addressed to

The Progressive Conservative Caucus has filed a complaint with the Ombudsman on behalf of a staff person whose privacy was violated by Greg Selinger’s office yesterday afternoon.

Toward the end of the BiPole debate, NDP staff released a Freedom of Information reply to media and members of the public. The problem was, it was not their information to release.

The information – requested by a PC staff person – was handed out by the NDP at 1:30 pm. The information was not delivered to the PC office until 2:58 pm.

“Not only did the NDP hand out our information before we even had it, the bigger question is – why did they even have our confidential information in the first place,” Progressive Conservative Leader Hugh McFadyen asked. “Isn’t the Freedom of Information and Privacy Act supposed to protect a person’s right to privacy?”

Also, in their haste to distribute the confidential PC request, the NDP neglected to blackout the personal information of the PC staff person contained on the document.

McFadyen says these actions violate The Freedom of Information and Protection of Privacy Act (FIPPA). 

The act states:

42(1) A public body shall not use or disclose personal information except as authorized under this Division. 

59(3) An individual who believes that his or her own personal information has been collected, used or disclosed in violation of Part 3 may make a complaint to the Ombudsman. 

According to the Act, any person found guilty of this offence could face a fine of up to $50,000.

In addition to the NDP cabinet communications, the complaint filed today also requests that both the Minister of Hydro Rosann Wowchuck and the FIPPA coordinator at Manitoba Hydro also be investigated for their role in this violation.