Best Practices for Administrative Tribunals
The article, On the Road to Fairness: Redesigning Saskatchewan’s Administrative Tribunal System, discusses the role of administrative tribunals that help resolve disputes “between citizen and State.” Administrative tribunals “review a broad range of government decisions” and may play a regulatory or adjudicative function. In Saskatchewan, they serve as an extension “of the executive branch of government on matters that require independent decision-making free from political influence.” As part of the justice system, they are to be “fair and impartial.” Besides the Office of the Information and Privacy Commissioner, examples of administrative tribunals in Saskatchewan include:
- Highway Traffic Board
- Office of the Public Guardian and Trustee
- Provincial Mediation Board
- Saskatchewan Human Rights Commission
- Saskatchewan Labour Relations Board
- Public Complaints Commission and Saskatchewan Police Commission
- Saskatchewan Municipal Board
- Office of Residential Tenancies (Rentalsman)
Not all administrative tribunals post decisions online, nor may be required to by law or otherwise. However, to demonstrate how “fair and impartial” they are, administrative tribunals may post their decisions online to inform citizens of the work they do. It also helps citizens better understand their rights. Given the Internet’s reach, it is a good way to achieve these goals. Administrative tribunals undoubtedly all deal with various types of personal information and personal health information. Some of it may be highly sensitive, or disclosure could lead to risks to the individual such as risk to identity theft or risk to reputation.
The guide, Best Practices for Administrative Tribunals When Publishing Decisions, will help administrative tribunals consider how to best manage personal information and personal health information when posting decisions online. If possible, administrative tribunals should not post any personal information or personal health information online or should at least strive to post only what is necessary to meet their mandate or purpose. The goal should always be to protect individuals who are part of the decision from any harm associated with the disclosure of their personal information or personal health information.
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