Powers limited on file shredding, privacy czar says
As delete buttons and shredding machines get a workout at the Alberta legislature this week, the office of the province’s privacy commissioner admits there is no formal enforcement process to ensure valuable records aren’t being turned into confetti.
While staff working in ministers’ offices are expected to follow rules governing the destruction of documents, the privacy commissioner does not have the authority to monitor what gets shredded after an election, spokesman Scott Sibbald said.
“We have no power to cease operations or oversee the destruction of records,” he said.
“But if there is evidence of (wrongdoing), or an employee or someone else has an understanding those rules are not being followed, a complaint can be submitted to our office and our office will look into the evidence.”
The commissioner’s office issued a news release late Thursday, in part to answer questions raised by the public and media about shredding in the wake of the Tories’ defeat in Tuesday’s election.
Following the NDP’s historic win, photos have been posted on social media of giant bags of shredded paper sitting outside legislature offices.
That has led to concerns — or conspiracy theories — the PC government, which has been in power for 44 years, might be frantically discarding evidence of secrets, scandals or other valuable information that has been kept from the public eye.
While shredding tends to ramp up following an election or cabinet shuffle, Sibbald said it’s important to note the destruction of records occurs regularly in government.
Under provincial law, ministries are supposed to have a records management program that sets the rules for the retention, destruction or archiving of public records, he said, though he noted the privacy commissioner lacks the authority to approve or change these programs, or ensure they are being enforced.
A spokeswoman for Service Alberta, Donna Babchishin, said a directive was issued shortly after the election by the premier’s chief of staff, Mike Percy, reminding staff to follow the rules.
The government process notes that “transitory” records in a minister’s office can and should be regularly discarded.
This includes documents of minor importance, or drafts and working papers that likely won’t have any long-term value.
Other types of records that are most relevant to a minister’s role as an MLA or private citizen — including records relating to constituency or party matters, business or professional interests and caucus affairs — remain the property of the minister.
As for records most relevant to a minister’s cabinet portfolio, they are considered property of the Crown and are supposed to be treated differently.
No one from the NDP or Wildrose could be reached for comment Thursday on concerns about the shredding of documents.