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Information and Privacy Commissioner releases Review Report 24-09
An applicant asked Halifax Regional Police (HRP) for records related to a 1996 incident where dozens of crew members on the set of the movie Titanic ate food that was allegedly laced with a drug called phencyclidine or "angel dust". HRP withheld portions of the requested information under s. 472(1)(b) (intergovernmental affairs), ss. 475(1)(c) and (d) (law enforcement), and s. 480 (personal information) of Part XX of the Municipal Government Act (MGA). The Commissioner finds that HRP was not authorized to withhold information under s. 472(1)(b) or ss. 475(1)(c) and (d) of the MGA. She finds that with personal identifers withheld, factual observations of third parties do not constitute their personal information and so cannot be withheld under s. 480. She also recommends that HRP continue to withhold the personal information of third parties. Read more...
Information and Privacy Commissioner releases Review Report 24-08
One of the most fundamental aspects of accountability and transparency is the right for the public to know what public bodies are spending public money on, and what they are receiving in return for that money. In this case, an applicant asked Build Nova Scotia (public body) for a land lease agreement between it and a private organization. The public body relied on s. 17(1)(d) (financial or economic interests) of the Freedom of Information and Protection of Privacy Act (FOIPOP) to withhold portions of the requested records. The Commissioner finds that the public body did not meet its burden of establishing that s. 17(1)(d) applies.
In addition, a third party objected to the release of the land lease agreement, claiming it should be withheld in full under s. 21(1) (confidential business information) of FOIPOP. The Commissioner finds that most of the information in the land lease agreement does not contain information that qualifies as commercial or financial information (s. 21(1)(a)(ii)). For those few portions that do qualify as financial or commercial information, once they were incorporated into the land lease agreement, those portions became information that is no longer "of a third party" and so cannot be withheld as confidential. The Commissioner recommends that the public body release the land lease agreement in full to the applicant. Read more...
Information and Privacy Commissioner releases Review Report 24-07
An applicant requested all audits, reports and analyses that were prepared by a third party for Acadia University (public body). The third party objected to the release of the responsive records, claiming they should be withheld in part or in full under s. 21(1) (confidential business information) of the Freedom of Information and Protection of Privacy Act. The public body decided to withhold the responsive records in full from the applicant. The applicant filed a request for review with the Office of the Information and Privacy Commissioner. The Commissioner finds that the public body's evidence falls short of establishing that s. 21 was properly applied to the withheld records and so recommends the records be released in full. Read more...
Information and Privacy Commissioner releases Review Report 24-06
The applicant requested records showing legal costs incurred by Halifax Regional Municipality (municipality) for negotiations of collective agreements for Halifax Regional Police and Halifax Regional Fire & Emergency. In response, the municipality withheld all records under s. 476 (solicitor-client privilege) and s. 477 (financial or economic interests) of Part XX of the Municipal Government Act. The Commissioner finds that all but the bottom-line totals of the invoices of legal services rendered to the municipality and records of fees paid to an arbitrator can be withheld. She recommends disclosure of all records of the fees paid to the arbitrator as well as the bottom-line totals of the invoices of legal services provided to the municipality. Read more...
Information and Privacy Commissioner releases Review Report 24-05
The applicant's family member was the victim of a homicide many years ago. The homicide remains unsolved, and the Royal Canadian Mounted Police consider the investigation open. The applicant asked the Department of Justice (public body) for their deceased family member's autopsy report and medical certificate of death. The public body withheld the records in full, citing s. 15(1)(a) (harm law enforcement), s. 15(1)(g) (deprive right to fair trial) and s. 20 (personal information) of the Freedom of Information and Protection of Privacy Act. Obtaining as much information as possible regarding the circumstances surrounding a family member's death is often a vital part of the family's grieving process. Being denied access to records related to a loved one's death is difficult and frustrating for family members. However, in the circumstances of this case, the Commissioner finds that releasing the responsive records would amount to an unreasonable invasion of a third party's personal privacy and so they should not be released to the applicant. Read more...
NEWS RELEASE
For immediate release
February 1, 2024
Information and Privacy Commissioner publishes submission for the legislative review of Nova Scotia's access and privacy laws
HALIFAX - Information and Privacy Commissioner Tricia Ralph has provided her submission to the internal working group reviewing Nova Scotia's access and privacy laws. Read more...
Legislative Review Submission
Companion Reports:
NEWS RELEASE
For immediate release
December 8, 2023
Canadian privacy regulators launch principles for responsible development and use of generative AI
OTTAWA, ON, December 8, 2023 - Federal, provincial and territorial privacy authorities have developed a set of principles to advance the responsible, trustworthy and privacy-protective development and use of generative artificial intelligence (AI) technologies in Canada. Read more...
NEWS RELEASE
For immediate release
December 7, 2023
Information and Privacy Commissioner initiates investigation into cyber security breach of the MOVEit file transfer service
HALIFAX - Information and Privacy Commissioner Tricia Ralph has launched an investigation into the cyber security breach of the MOVEit file transfer service, announced by the Nova Scotia Government on June 4, 2023. The MOVEit file transfer service is used by multiple public bodies and health custodians, including provincial government departments, Nova Scotia Health and IWK Health. Read more...
Department of Justice mandate includes amendment to Freedom of Information and Protection of Privacy Act
Premier Houston's September 14, 2021 mandate letter to the Attorney General and Minister of Justice includes a requirement to amend the Freedom of Information and Protection of Privacy Act (FOIPOP) to give order-making ability to Nova Scotia's Information and Privacy Commissioner: September 14, 2021 Ministerial Mandate - Department of Justice and Attorney General
The Office of the Information and Privacy Commissioner is willing to provide input and guidance to the government as it moves ahead with this amendment to FOIPOP, or any other important amendments the OIPC has recommended to modernize Nova Scotia's outdated access to information and privacy laws.
New/Updated Publications Now Available
Protecting Patient Information in Practice and Beyond
Need-to-Know Instead of Circle of Care
Know Your Rights: Missing Records?
Tips for Addressing Employee Snooping
Privacy at Work
Privacy at Home
Graphic Novel - Social Smarts: Nothing Personal!
