I Have a Simple Question for the Legislative Assembly of the Northwest Territories . . .

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But first - here's some background information . . . mostly from Access to Information requests:

The GNWT intercepted and retained 511 emails that were sent to my former work email after I left my employment on March 12, 2014

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Of these 511 emails - here are 394 of particular interest

Note: These 394 emails are from just 122 people

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. . . and here's why I think these 394 emails matter:

202 Emails from Securities Commissions and the Canadian Securities Administrators (CSA):

Important because:

  • many likely contain Material Non-Public Information (i.e. insider information)
  • many likely include personal information regarding registrants and market participants

Why this is a problem:

  • Persons with access to inside information regarding market participants have an unfair advantage in the operation of securities markets
  • Even the mere appearance of impropriety can seriously undermine confidence in capital markets and securities regulation

209 Emails from Lawyers and Attorneys:

Important because:

  • Lawyers (and Attorneys) have a duty to deal with each other with courtesy, good faith, and candour

Why this is a problem:

  • In the Northwest Territories, the only obligation triggered by the receipt of an email from a lawyer (or attorney) to a lawyer who was not the intended recipient is to “promptly notify the sender”
  • a lawyer (or lawyers) at the GNWT failed to meet this obligation up to 209 times

173 Emails from the United States:

 Important because:

  • Principles of international comity dictate that we respect the laws of other jurisdictions

Why this is a problem:

  • All 50 states have data breach notification laws
  • At least 35 states also have data disposal laws

The following highly redacted documents from the GNWT create the illusion that these emails were deleted in 2015:

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My last GNWT contract did not say that my former work email would be extended and intercepted . . .

In fact, my last GNWT contract says nothing about email:

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While the GNWT says the interception of email was in the 'course and scope of employment' - the Information and Privacy Commissioner does not agree:

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Not satisfied with the 'acting in the course and scope of his employment' explanation from the GNWT - I went public regarding my former work email:

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The GNWT responded by threatening to bury me in paperwork and a lawsuit at NWT taxpayer expense

And that's exactly what they did . . . but they hid the lawsuit in Alberta and immediately made an application to restrict news media access:

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Their demands for my silence are not just limited to this matter of 394 emails . . .

They also want my complete silence on anything related in any way to my employment with the GNWT . . .

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Including the fact that the GNWT spies on visitors to the Legislative Assembly of the Northwest Territories website:

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and the fact that the data collected can identify an individual's real-world identity . . .

. . . all without the knowledge or consent of the individuals involved

So, with all that said . . . I have a simple question for the Legislative Assembly of the Northwest Territories:

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What gives the GNWT the right to collect this data without notifying the individuals involved?

© 2020 Donn MacDougall

Reproduction permitted for non-commercial purposes