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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
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...
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...
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
Graphic Novel - Social Smarts: Nothing Personal!