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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...


Information and Privacy Commissioner releases Review Report 24-04
 
The applicant requested records relating to a complaint filed against a councillor of the Halifax Regional Municipality's (municipality) Regional Council. In response, the municipality severed a portion of the responsive records under s. 473 (minutes or substance of private deliberations), s. 476 (solicitor-client privilege) and s. 480 (personal information) of Part XX of the Municipal Government Act. The Commissioner finds that the municipality was authorized to withhold some, but not all the severed information under s. 473, and recommends all but names, dates and times continue to be withheld. The Commissioner finds that the municipality was not authorized to withhold some of the information it withheld under s. 476 and so recommends its disclosure. She finds some information must continue to be withheld under s. 480 but the remainder should not. Read more...

Information and Privacy Commissioner releases Review Report 24-03
 
The Department of Community Services (public body) did not issue a decision to the applicant in response to an access to information request within the legislated time period required by the Freedom of Information and Protection of Privacy Act (FOIPOP). The cause of the delay was that the public body did not provide the responsive records to the administrator responsible for processing the applicant's request in a timely fashion. The applicant appealed to the Office of the Information and Privacy Commissioner. The Commissioner finds that the public body is in contravention of s. 7 of FOIPOP.
 
Responding to an access request in the time required by FOIPOP is not a choice. It is a legal obligation. This is the fourth report the Commissioner has had to issue in approximately six months because the public body has failed to respond to the applicant within the statutory deadline. For this reason, the Commissioner recommends that senior leadership at the public body address this ongoing problem by ensuring it has sufficient resources to fulfill its legal obligations. She also recommends that a decision be issued to the applicant within seven days. 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:

Information and Privacy Commissioner releases Review Report 24-02

The applicant requested a Halifax Regional Police workplace audit (audit) and budgetary records associated with the audit (budgetary records) from the Department of Justice (public body). The public body provided an audit-related document that the applicant said was not the correct one they were seeking. In terms of the requested budgetary records, the public body did not say that no records had been found but did not provide any budgetary records. The applicant requested that the Office of the Information and Privacy Commissioner (OIPC) review the public body's search efforts. After receipt from the applicant of sufficient information to demonstrate that an additional search was warranted, the OIPC requested that the public body conduct an additional search. The public body failed to do so. The Commissioner finds that the public body has not conducted an adequate search as required under the duty to assist provision set out in s. 7(1)(a) of the Freedom of Information and Protection of Privacy Act. She recommends that the public body conduct a new search incorporating the new information provided by the applicant. Read more...


Information and Privacy Commissioner releases Review Report 24-01

The applicant requested workplace audit and budgetary records associated with the audit from the Halifax Regional Police (Police). The Police said that it did not have custody or control of the requested records. The applicant requested that the Office of the Information and Privacy Commissioner (OIPC) review the Police's search efforts. After receipt of sufficient information from the applicant to demonstrate that an additional search was warranted, the OIPC requested that the Police conduct an additional search. The Police conducted an additional search, but the Commissioner determined that this additional search was incomplete. As such, the Commissioner finds that the Police has not conducted an adequate search as required under the duty to assist provision set out in s. 467(1)(a) of the Municipal Government Act. She recommends that the Police conduct a new search that addresses the deficiencies identified by the OIPC. Read more...


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!