FOIPOP: The Nova Scotia Freedom of Information and Protection of Privacy Review Office

The Department of Justice responded to a request for records relating to the safety and security of a courthouse by withholding 73% of the information as "not responsive". The Commissioner determines that using "not responsive" to sever swathes and snippets of information out of responsive records creates and unlimited, non-specific, entirely arbitrary exemption that frees the public body from any constraints created by the law. This practice fundamentally undermines access to information legislation and is not authorized under the Freedom of Information and Protection of Privacy Act. The Commissioner recommends that the Department reprocess the request using only exemptions permitted under the law. Read more...

Information and Privacy Commissioner releases Review Report 19-04

The access to information provisions of the Municipal Government Act are meant to ensure that information concerning municipal employee remuneration is available and that personal privacy considerations do not impede disclosure of this information. As a result, terms contained in an employment contract of a former Chief Administrative Officer cannot be withheld under the privacy provisions of the Act. In addition to applying the personal privacy exemption, Halifax Regional Municipality also claimed that disclosure of the terms of the employment contract could harm the economic interests of the municipality but provided no evidence to support its assertions of harm. On that basis, the Commissioner recommends full disclosure of the terms of the employment contract with a former Chief Administrative Officer. Read more...

NEWS RELEASE

For immediate release

June 5, 2019

25 Years of Access and Privacy Service - Nova Scotia's Information and Privacy Commissioner releases 2018-2019 Annual Report

HALIFAX - Today, Catherine Tully, Nova Scotia's Information and Privacy Commissioner, released her annual report for 2018-2019. This year marks the 25th anniversary of the Office of the Information and Privacy Commissioner. With the rapid development of technology and its capacity to process enormous volumes of information, particularly personal information, a watchdog for access to information and privacy rights has never been more necessary. Read more...

Link to: OIPC 2018-2019 Annual Report

Information and Privacy Commissioner releases Review Report 19-03

The applicant sought a copy of a police investigation file in relation to the tragic death of his daughter who was a young adult at the time of her death. Under the access to information rules in the Municipal Government Act, Part XX, the Halifax Regional Police are required to withhold third party personal information if disclosure of that information would result in an unreasonable invasion of a third party's personal privacy. The disclosure of personal information compiled as part of a police investigation is presumed to be an unreasonable invasion of personal privacy. In this case, some personal information related specifically to the applicant's daughter can be released because several factors outweigh this presumption. Most importantly, compassion for the applicant weighs in favour of disclosure of some of his daughter's personal information. However, disclosure of information relating to the identity of the witnesses would result in an unreasonable invasion of the witnesses' personal privacy. The Commissioner recommends that Halifax Regional Police release a small portion of the witness statement summaries that relate only to the activities of the applicant's daughter on the evening of her death and that would not allow the witnesses to be identified. Read more...

Editorial by the Information and Privacy Commissioner for Nova Scotia

Citizen Surveillance, Street Checks and the Right to Privacy

Time to Celebrate! Did you know that 2019 marks the 25th anniversary of the OIPC providing impartial oversight of our access and privacy laws? Over the last 25 years, our office has been committed to ensuring that you are able to exercise your right to access government information and that your right to privacy is protected. These rights are recognized throughout the world as being essential to democracy! Throughout the year we will be celebrating our silver anniversary by:

Sharing stories of Nova Scotians who have experienced firsthand how freedom of information laws contribute to a more democratic society.
Publishing duty to assist guidelines for public bodies and municipalities on topics such as communication with applicants, searching for records, calculating and waiving fees, writing decisions and more!
Celebrating with all Nova Scotians this summer at an awesome public event! More details to come.

Stay tuned for these exciting updates and more by checking out our 25th Anniversary page or signing up to our mailing list. We can't wait to celebrate with you all!

Nova Scotia Court of Appeal Upholds Commissioner's Decision

In a decision released January 11, 2019, the Nova Scotia Court of Appeal determined that a decision by the Information and Privacy Commissioner regarding the scope of her jurisdiction was reasonable. The appeal centered around whether or not the Commissioner has jurisdiction to hear an appeal where the applicant seeks answers to questions rather than access to records. The Commissioner determined that she does not have jurisdiction to hear an appeal where there is no request for access to records at issue.

The Court of Appeal states, "...the Commissioner's interpretation of the applicable provisions of the MGA was reasonable. Indeed, I am satisfied it was the only reasonable interpretation." A copy of the Court of Appeal decision is available here. A copy of the Nova Scotia Supreme Court decision which also upheld the Commissioner's decision is available here.

News Release

For Immediate Release

January 15, 2019

Privacy Commissioner's investigation determines that a serious failure of due diligence led to Freedom of Information Access website privacy breaches

HALIFAX - Information and Privacy Commissioner Catherine Tully issued her investigation report today into a series of privacy breaches that plagued the Freedom of Information Access (FOIA) website in the spring of 2018. The Commissioner determines that the immediate cause of the privacy breaches was a design flaw in the FOIA website. The flaw was created by a well-known and foreseeable vulnerability that was not detected by the Department of Internal Services (Department) prior to launching the FOIA website. Ultimately, the privacy breaches were preventable and were caused by a serious failure of due diligence in the deployment of a new technology tool. Read more...

Investigation Report IR19-01

Letter to Premier and Ministers of Justice & Municipal Affairs - Modernization of Acts

Questions Nova Scotians May Want to Ask

Response to Review Report 18-05

Review Report 18-05 indicated we would publish the Department's response to the recommendations made by the Commissioner. The response is available here.

Letter from Department of Health and Wellness

Canada's Access to Information and Privacy Guardians Call for Privacy Regulation and Oversight of Political Parties

Regina, SK, September 17, 2018 - In a joint resolution, Canada's Information and Privacy Ombudspersons and Commissioners have called on governments to pass legislation requiring political parties to comply with globally recognized privacy principles, to provide Canadians with access to the personal information they hold about them, and to provide for independent oversight to verify and enforce privacy compliance. Read more... / Communiqué

Joint Resolution: Securing Trust and Privacy in Canada's Electoral Process / Assurer la confiance et la confidentialité dans le processus électoral du Canada

Responses to Investigation Reports IR18-01 and IR18-02

The Office of the Information and Privacy Commissioner for Nova Scotia has received responses to the recommendations made in investigation reports IR18-01 and IR18-02 from the Department of Health and Wellness and Sobeys National Pharmacy Group. A summary of those responses and copies of the letters received are provided below.

IR18-02 Update on Recommendation Implementation - June 10, 2019

DHW Response to IR18-01 updated October 31, 2018

L etter from Department of Health and Wellness

Letter from Sobeys National Pharmacy Group

New/Updated Publications Now Available

Guidelines - PHIA Disclosures to Researchers (s. 57)

PHIA Disclosure to Researcher Notification Form (s. 57)

Reporting Breaches Guide - s. 70 of Personal Health Information Act

Breach Notification Form to Report Under s. 70 of Personal Health Information Act

Duty to Assist #3 - Third Party Notice

Duty to Assist #2 - Conducting an Adequate Search

Duty to Assist #1 - Communication with Applicants