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An applicant asked Halifax Regional Police (HRP) for records related to its use of facial recognition technology. HRP withheld portions of the requested information under s. 472(1)(b) (intergovernmental affairs) and s. 475(1)(k) (harm the security of any property or system) of Part XX of the Municipal Government Act (MGA). The Commissioner finds that HRP failed to meet its burden when it did not provide any representations to explain why it thought it was allowed to withhold the information it did. The Commissioner recommends disclosure of the requested records to the applicant, with the exception of one piece of personal information contained in them.
While HRP disclosed additional information to the applicant during the review process with the Office of the Information and Privacy Commissioner (OIPC) to comply with its legal obligations under the MGA, it declined to provide representations or evidence to support its decision to continue to withhold the remaining information, despite its burden to do so. In light of this, the Commissioner also makes similar recommendations as those she previously made in NS Review Report 22-12: that HRP implement policies and procedures for engaging in the access to information review process with the OIPC and provide training on those policies and procedures to staff involved in the access to information review process. The Commissioner strongly urges that in future, HRP meaningfully complies with its legal obligations under the MGA by providing representations and evidence to demonstrate why it believes it has met its burden to withhold information from applicants. See more...
December 10, 2024
Canada’s Information Commissioners and Ombuds issue joint resolution calling for enhanced transparency in government operations
NEWS RELEASE
Federal, provincial, and territorial privacy regulators address responsible information-sharing in situations involving intimate partner violence
Toronto, Ontario, November 27, 2024 - Privacy authorities across Canada have issued a joint resolution to guide the responsible disclosure of personal information in situations involving intimate partner violence (IPV). Finalized at their October annual meeting, hosted by the Information and Privacy Commissioner of Ontario, the resolution aims to empower organizations and their staff to make informed decisions about privacy, confidentiality, and public safety. See more...
Information and Privacy Commissioner releases Review Report 24-18
An applicant asked Halifax Regional Police (HRP) for records relating to the death of their family member. HRP relied on s. 480 (personal information) of Part XX of the Municipal Government Act (MGA) to withhold portions of the responsive records because it believed the information was a third party’s personal information that must be withheld under s. 480. The Commissioner agrees with HRP and finds that s. 480 requires HRP to continue to withhold the third-party information severed from the responsive records. See more...
NEWS RELEASE
Canadian privacy regulators pass resolution to address privacy-related harms resulting from deceptive design patterns
TORONTO, ON, November 13, 2024 - Privacy regulators from across Canada have issued a joint resolution calling for action on the growing use of deceptive design patterns (DDPs) that undermine privacy rights. Passed at their October annual meeting, hosted by the Information and Privacy Commissioner of Ontario, the resolution outlines key measures for organizations to adopt privacy-first design practices. Read more...
- Resolution: Identifying and mitigating harms from privacy-related deceptive design patterns
- Information and Privacy Commissioner of Ontario hosts annual meeting of federal, provincial, and territorial information and privacy commissioners and ombuds
Information and Privacy Commissioner releases Review Report 24-17
The Department of Service Nova Scotia (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 reason for the delay was that the public body has not signed off on the access to information decision. 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 and recommends that a decision be issued to the applicant within 14 days of the date of this review report. See more...
Information and Privacy Commissioner releases Review Report 24-16
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 related to the public body’s search actions. 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 and recommends that a decision be issued to the applicant within 14 days of the date of this review report.
This is the fifth report that the Commissioner has made since August 2023 because the public body has failed to respond to the applicant within the statutory deadline. For this reason, the Commissioner builds upon her recommendation in NS Review Report 24-03 that senior leadership at the public body address this problem by ensuring it has sufficient resources to fulfill its legal obligations under FOIPOP. In this report, the Commissioner elaborates on this by recommending that within one month of the date of this report, the public body hire additional staff and explore any other avenues that could be capitalized on to complete this work. Read more...
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...
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
The OIPC's Role - What the OIPC Can and Cannot Do
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
