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Please be aware that Nova Scotia Power is an organization covered by Canada’s federal privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA). It is the federal Office of the Privacy Commissioner of Canada that has jurisdiction over PIPEDA. Therefore, the Office of the Information and Privacy Commissioner for Nova Scotia (OIPC NS) is not able to accept complaints about the Nova Scotia Power data breach.
The Privacy Commissioner of Canada has issued a statement on the Nova Scotia Power data breach. For more information please contact : Contact the Information Centre - Office of the Privacy Commissioner of Canada.
The OIPC will not be responding to emails or calls regarding the Nova Scotia Power data breach.
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...
Acting Information and Privacy Commissioner releases Review Report 25-03
The Department of Opportunities and Social Development (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 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 sixth report that the Commissioner has made since August 2023 because this public body has failed to respond to the applicant within the statutory deadline. For this reason, the Commissioner is repeating the recommendation in NS Review Report 24-16, which was previously rejected, that senior leadership at the public body address this problem by ensuring it has sufficient resources to fulfill its legal obligations under FOIPOP. See more...
Information and Privacy Commissioner releases Review Report 25-02
NEWS RELEASE
MEDIA ADVISORY
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
Guide to Application to Disregard
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
