P.E.I.'s Island Regulatory and Appeals Commission has been ordered to remove the names of many witnesses from 20 years worth of hearings published online.

The province's privacy office ruled IRAC is violating the privacy rights of the witnesses.

IRAC, a quasi-judicial body with jurisdiction over a wide variety of matters — gas prices, municipal zoning, property rental — has asked for a judicial review of the decision by former privacy commissioner Judy Haldemann.

The decision stems from a case brought forward by former UPEI professor Bertrand Sandjong. His concern over privacy began when he typed his name into Google and up popped an old IRAC decision involving his dispute over rent.

Sandjong complained to the privacy office. Haldemann ruled because the hearing was public, his name should also be public.

But she went further than asked in the case, and ruled publishing the names of third-party witnesses was an invasion of privacy.

Risk of identity theft

As for the names of secondary witnesses who testified at the hearing, Haldemann ordered IRAC to remove them from the internet. Haldemann suggested that when personal information is published on the web, people are at greater risk of identity theft and of being stalked. She ordered IRAC to remove the names of all minor witnesses, not just from the Sandjong case, but from 20 years worth of IRAC decisions now posted online.

IRAC has filed a judicial review of the decision. Its lawyers argue, among other things, the issue of third-party witnesses was not even raised by Sandjong in his complaint.

Haldemann's decision could have implications for all quasi-judicial bodies on P.E.I., such as the P.E.I. Human Rights Commission.

"I don't want to say that we would be anxious to have to go through all our decisions right back to 1968 and purge them of personal information," said executive director Greg Howard.

"We'll be looking carefully at what the courts decides in this case."

Sandjong could not be reached for comment.