Confidentiality issues 'baked into' Family Services' system, says Nunavut privacy commissioner

Nunavut's information and privacy commissioner says there are systemic problems around the privacy of children in care. 

Commissioner Graham Steele released a report last week which found the territory's assistant deputy minister of family wellness has been getting unauthorized access to some child protection files.

The review came after Jane Bates, the territory's representative for children and youth (RCYO), laid a privacy breach complaint against Family Services on March 6. 

Under the Child and Family Services Act, there are few people who are allowed to disclose and communicate information about children in care. That list includes the Family Services minister, director, an assistant director, or a child protection worker – but not an assistant deputy minister. 

The report states there have been numerous restructures within the department and that has created confusion about who is authorized to see personal information in a file. It's also not clear if the restructures are still ongoing. 

Bates explains that normally, her office corresponds with the Family Services' director, but the restructure means they have instead been redirected to the assistant deputy minister – which goes against the legislation. 

"We were also violating the Child and Family Services Act because we were sharing operationally confidential information about our reviews with the assistant deputy minister," she said. 

"The department has set itself up in a way that does not align itself with the Child and Family Services Act, and therefore that violates the rights of children, youth and their families."

According to the privacy commissioner's report, RCYO and Family Services had corresponded about those issues, but Family Services did not accept the RCYO's analysis. 

While this may sound legalistic, Steele believes these issues matter because children's lives are at stake.

"The apprehension of a child is one of the most intrusive actions a government can take," he wrote in his report. 

"When the stakes are so high, it is essential that everyone involved – children, their families, Family Services staff, RCYO, lawyers, judges — know exactly who was involved in a file and who made the decisions."

'Breaches of privacy inevitable'

Because of the numerous restructures within the department — with one as recent as April — Steele believes these privacy issues could apply to other Family Services employees. 

"Family Services has structured itself in such a way that breaches of privacy are inevitable. A confidentiality problem is now baked into the system," he said.

He calls for two remedies: for the department to amend the Child and Family Services Act, or change the new positions to better reflect the existing legislation.

In a statement to CBC News, the department of Family Services says it is reviewing Steele's findings carefully, and remains committed to protecting the privacy of children and families. 

This is not the first report in recent months to detail organizational issues with Family Services.

In March, the Office of the Auditor General released a follow-up report into the department, which criticized the lack of "appreciable changes to outcomes for vulnerable children and youth".

That report did find some progress on training on departmental standards and procedures for child protection.