Information and Privacy Commissioner releases Review Report 25-10

The applicant requested paper records and video footage from the Department of Justice (public body). The footage relates to incidents the applicant was involved in at a provincial court building. The public body withheld the video footage in full, citing s. 15(1)(e), s. 15(1)(i), and s. 15(1)(k) of the Freedom of Information and Protection of Privacy Act (FOIPOP). The public body also withheld names of public body staff contained within the paper records under s. 15(1)(e).

The Commissioner finds that the public body did not meet its burden to demonstrate that it was authorized to withhold the video footage in full under s. 15(1)(e), 15(1)(i) and 15(1)(k) of FOIPOP. Further, the public body did not meet its duty to sever. The Commissioner recommends that the public body reconsider its decision, process and sever the video records, and release the unsevered portions of the video footage to the applicant.

He also finds that the public body did not meet its burden to demonstrate that it was authorized to withhold the names of public body staff in the paper records under s. 15(1)(e) of FOIPOP and so he recommends that information be released to the applicant. See more...

Information and Privacy Commissioner releases Review Report 25-09

The Commissioner has determined that this matter may be dealt with via an abbreviated review report. The legal issues raised by “deemed refusals” have been exhaustively canvassed by my predecessor in Review Reports 23-06 and 23-09, among others. See more...

Information and Privacy Commissioner releases Review Report 25-08

The applicant submitted a request for records related to bridge inspections, including reports, photos, and maps. After receiving a fee estimate, the applicant asked the public body to waive the fees on the basis that the records related to a matter of public interest. The public body denied the request for a fee waiver, and the applicant asked the Office of the Information and Privacy Commissioner for Nova Scotia (OIPC) to conduct a review.

The Information and Privacy Commissioner for Nova Scotia (the Commissioner) finds that the public body did give the applicant a fair opportunity to be heard but did not provide adequate reasons for its decision to the applicant.

The Commissioner recommends that the public body reconsider the fee estimate it issued to the applicant. The Commissioner also recommends that the public body, in cooperation with Information, Access and Privacy Services (IAP Services), review its internal policies and procedures for assessing public interest fee waiver requests. See more...

Information and Privacy Commissioner releases Review Report 25-07

The applicant asked the Department of Justice (the public body) for copies of correspondence between the governments of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador, regarding legislation that would provide government with immunity from class action lawsuits. The public body applied s. 16 (solicitor-client privilege), s. 12(1)(a) (intergovernmental affairs) and s. 12(1)(b) (information supplied in confidence) of the Freedom of Information and Protection of Privacy Act (FOIPOP) to the withheld records.

The Information and Privacy Commissioner for Nova Scotia (the Commissioner) finds that the public body appropriately applied s. 16 to most of the responsive records (pages 1-217) and lawfully exercised its discretion to withhold them. The Commissioner makes no recommendation regarding the withheld records on pages 1-217.

The Commissioner finds that the public body did not appropriately apply s. 12(1)(b) to the withheld information on pages 219-232.

The Commissioner finds that the public body appropriately applied s. 12(1)(a) to some information found on pages 219-232 of the responsive records. However, the Commissioner recommends the public body reconsider its decision to withhold pages 219-232 under s. 12(1)(a) in full within 45 days of this review report. See more...

Information and Privacy Commissioner releases Review Report 25-06

The applicant submitted a request for records to their former employer, Dalhousie University (the public body) for information pertaining to legal proceedings. The public body issued a decision providing some records in part, but the applicant believed records were missing. The applicant asked the Office of the Information and Privacy Commissioner for Nova Scotia (OIPC) to conduct a review of the public body’s search efforts. After the applicant provided the OIPC with sufficient information to demonstrate that an additional search was warranted, the OIPC requested that the public body conduct another search. The public did so and provided some additional records to the applicant. After that search, records were still missing and so the OIPC requested that the public body conduct another new search. The public body failed to do so.

The Commissioner finds that the public body did not conduct an adequate search required under the duty to assist provision as set out in s. 7(1)(a) of the Freedom of Information and Protection of Privacy Act (FOIPOP). Further, records were left out of the public body’s search because they did not correctly apply clause 4(2)(c) of FOIPOP. This provision excludes specific records, including a “record in a court file.” However, the provision applies only to records in a court file– not to legal filings or attached records that are in the custody or control of a public body.

The Commissioner recommends that the public body conduct another new search for the remaining missing records identified by the applicant. It is acceptable to search only records related to court cases, but the public body should not exclude copies of court records from the search. See more...

Information and Privacy Commissioner releases Review Report 25-05

The Commissioner has determined that this matter may be dealt with via an abbreviated review report. The legal issues raised by “deemed refusals” have been exhaustively canvassed in Review Reports 23-06 and 23-09, among others. See more...

Information and Privacy Commissioner releases Review Report 25-04

The applicant made an access request to the Town of Mulgrave (public body) seeking payroll-related records and copies of video and audio security recordings from the public body’s office for one day in October 2019. The payroll-related records were provided and are not at issue in this review. The public body did not provide any video or audio security recordings and explained that the cameras in the public body office do not record. The applicant asked the Office of the Information and Privacy Commissioner for Nova Scotia to review the public body’s search efforts.

The Commissioner finds that the public body did not conduct an adequate search as required by law. The Commissioner recommends that the public body conduct an adequate search for the missing records, process any records that are located, and for any records not located, provide a response to the applicant describing the search efforts in detail. The Commissioner also recommends that the public body conduct an inquiry to determine if the use of cameras in the public body office is compliant with Nova Scotia’s privacy laws. See more...

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