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Information and Privacy Commissioner releases Review Report 21-14
The applicant requested access to a lease agreement between the Department of Natural Resources and Renewables (public body) and WestFor Management Inc., along with correspondence surrounding the drafting of this agreement. The public body provided the lease agreement with only a small portion of it redacted under s. 17 (financial or economic interests) of the Freedom of Information and Protection of Privacy Act (FOIPOP). It also provided the requested correspondence but with some information redacted pursuant to s. 14 (advice or recommendations), s. 16 (solicitor-client privilege), s. 17 (economic harm) and s. 20 (personal information) of FOIPOP. The Commissioner finds that the public body appropriately applied s. 16 and recommends that the public body take no further action with respect to its s. 16 redactions. The Commissioner finds that s. 14 applied to some, but not all, of the redacted information at the time the public body made its access to information decision. The Commissioner recommends that the public body release the information where she finds s. 14 did not apply and revisit its exercise of discretion where she finds that s. 14(1) did apply. The Commissioner finds that neither s. 17 nor s. 20 applies to the redacted information and recommends it be disclosed. Read more...
Questions about Nova Scotia's Proof of Full Vaccination Policy
Effective October 4, 2021, Nova Scotia's Proof of Full Vaccination Policy requires documentation of full vaccination to go to or participate in specified non-essential events and activities. This document provides information for Nova Scotians about who to contact with their privacy questions or concerns and the role of the Office of the Information and Privacy Commissioner (OIPC). Read more...
Information and Privacy Commissioner releases Review Report 21-13
The Correctional Services Act authorizes correctional facilities to record inmate telephone calls. The applicant requested copies of telephone calls he made from a correctional facility while he was an inmate there. The Department of Justice (public body) denied the applicant's request because it said that it could not locate any responsive records, as unless flagged, the telephone calls would have been automatically deleted after 90 days. The Commissioner finds that the public body did not take adequate steps to confirm that the recordings do not exist. The Commissioner recommends that the public body contact the service provider of its phone recording system within 30 days to confirm whether the records were in fact deleted, and if not, collect them from the service provider and provide them to the applicant within 10 days of receipt. 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.
Information and Privacy Commissioner releases Review Report 21-12
The applicant requested all publicly releasable contact and salary information about employees of the Government of Nova Scotia from the Public Service Commission (public body). The public body declined to provide the requested information because it said the information was a matter of public record per s. 4(2)(b) of the Freedom of Information and Protection of Privacy Act (FOIPOP). It also declined to provide the requested information on the basis that doing so would unreasonably interfere with its operations (s. 8(3)(b) of FOIPOP). The Commissioner rejects both these arguments. She recommends that the public body create and disclose the requested information, with as many of the 14 fields as possible, within 30 days of the date of this report. Read more...
Information and Privacy Commissioner releases Review Report 21-11
The Department of Environment and Climate Change (public body) failed to 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 for Nova Scotia. The Commissioner finds that the public body is in violation of s. 7 of FOIPOP and recommends that the public body issue the decision within two weeks of the date of this report. The Commissioner also recommends that the public body refund the fees paid by the applicant within 30 days of the date of this report. Read more...
Information and Privacy Commissioner releases Review Report 21-10
The applicant requested all records "related to An Act Respecting a Teachers' Professional Agreement." The Department of Justice (public body) refused to disclose the responsive records, citing advice to a public body pursuant to s. 14 of the Freedom of Information and Protection of Privacy Act (FOIPOP) and solicitor-client privilege (s. 16 of FOIPOP). The Commissioner finds that the public body appropriately applied s. 16 to the responsive records. The Commissioner recommends that the public body take no further action with respect to this matter. Read more...
News release
Federal, Provincial and Territorial Information and Privacy Commissioners and Ombudsman Issue Joint Resolution About Privacy and Access to Information Rights During and After a Pandemic
June 2, 2021 - In a joint resolution, Canada's Information and Privacy regulators called on their respective governments to respect Canadians' quasi-constitutional rights to privacy and access to information. The regulators took note of the serious impact the COVID-19 pandemic has had on the right of access to information and privacy rights in Canada and called on governments to use the lessons learned during the pandemic to improve these rights. Read more...
Joint Resolution: Reinforcing Privacy and Access to Information Rights During and After a Pandemic
News release
Vaccine passports must meet highest level of privacy protection
May 19, 2021 - Privacy should be front and centre as governments and businesses consider COVID-19 vaccine passports as a tool to help Canadians return to normal life, say Canada's privacy guardians. Read more...
Joint Statement by Federal, Provincial and Territorial Privacy Commissioners: Privacy and COVID-19 Vaccine Passports
The Office of the Information and Privacy Commissioner for Nova Scotia supports the International Conference of Information Commissioners' (ICIC) public statements concerning public bodies' obligations regarding access to information requests during a global pandemic. Read the full statements below:
- April 14, 2020: Access to information in the context of a global pandemic
- May 4, 2020: The duty to document does not cease in a crisis, it becomes more essential
- September 28, 2020: International Day for Universal Access to Information (IDUAI)
Nova Scotia's Information and Privacy Commissioner's statement on COVID-19
Nova Scotia's access and privacy laws are designed to protect people's privacy but also to share information where public bodies determine that compelling circumstances exist that affect anyone's health or safety. Read more...
New/Updated Publications Now Available
Questions about Nova Scotia's Proof of Full Vaccination Policy
Know Your Rights: Missing Records?
Provincial Government Records - Which Office Do I Need?
Connaissez vos droits - Comment faire une demande efficace d'accès à l'information
Know Your Rights: Withheld (or Severed) Information
