BC Freedom of Information and Privacy Association
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Numerous privacy breaches and an increase in AI-generated information requests were among some of the issues raised in the 2025-26 report from the NWT Office of the Information and Privacy Commissioner (OIPC).
Unauthorized health information “snooping” was among the issues noted. Health Information Act investigations found unauthorized employees accessing electronic medical records for “non-service reasons,” including “curiosity” and viewing a person’s highly-sensitive information without a legitimate work reason.
OIPC does not track the total number of employees who breach privacy, but the office received 65 breach of privacy notifications in 2025-2026.
OIPC received seven “snooping” breach notifications, which is up by two from the previous year.
One lab assistant checked their own child’s test results, a clinic assistant accessed roughly two dozen patient charts with no legal reason and one temporary employee viewed 372 clients’ records.
Information and privacy commissioner Andrew E. Fox stated that this kind of behaviour erodes public trust in the healthcare system, but emphasized that it does not appear to be a widespread phenomenon.
Employees caught violating medical privacy have received suspensions without pay, additional privacy training and dismissal in cases where violations were severe or repeated.
Fox said just the possibility of being caught snooping through someone’s sensitive personal information is an “important deterrent.” However, current audit systems do not detect 100 per cent of privacy breaches.
When caught, disciplinary action for employees rests with the employer, not with OIPC.
Access to information
Fox said that public bodies, while generally able to fulfill Access to Information and Protection of Privacy Act obligations, struggle to manage records and respond to requests within the time limit statute. The commissioner found that the NWT Access and Privacy Office (APO) processed roughly 50 per cent of access to information requests late. OPIC called this standard “unacceptable.”
When a public body misses its deadline, the request is considered “refused.”
These “persistent delays” are likely due to inadequate resources, insufficient trained staff and poor records management, according to Fox.
The APO recently received increased funding as part of the latest budget, and Fox hopes the new hires will help, but cautioned that whether the additional resources are sufficient enough to address shortcomings remains to be seen.
OIPC opened 140 files this past year; 62 investigations under the Access to Information and Protection of Privacy Act and 78 under the Health Information Act.
Fox said that marks a decrease in personal health information privacy breach reports, primarily driven by NWT Health and Social Services Authority changing its reporting standards in 2025.
Investigations into breaches are often conducted by the managers within organizations. Fox suggested that a dedicated pool of trained investigators, removed from frontline operations, could improve independence, thoroughness and timeliness.
According to Fox, the GNWT has indicated that it will not consider amendments to either the AITPPA or HIA.
“Should the legislative assembly consider amending either the HIA or the ATIPPA, our office will be pleased to provide further input,” he wrote.
Records management
Inconsistency in records management across public bodies makes finding information for requests time consuming and cumbersome, Fox stated. He said such delays drive up administrative costs and weaken accountability.
Fox is recommending a more consistent records management approach across the board, which would include adhering to established recordkeeping standards.
Added time pressure for APO and OIPC staff due to an increase in AI-generated applicant responses that were “lengthy, complex requests” also hurt information requests, he noted.
An “uneventful” budget
OIPC had an approved budget of $963,000 for 2025-26. The office spent $957,328.84, after salaries and office expenses, and returned $5,671.60 to the legislative assembly. Salaries were roughly 85 per cent of the total expenses.
Fox called the budget “uneventful.”
The 2025-26 annual report covers the activities of the NWT OIPC from April 1, 2025, to March 31, 2026.
OIPC, as an officer of the legislature, is responsible for reviewing public body decisions made under the Access to Information and Protection of Privacy Act and the Health Information Act.
The report is dated July 1, and was presented to the legislative assembly on Sept. 22.
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