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Review Officer releases Review Report FI-12-01(M)
The applicant sought access to all correspondence and communications relating to the granting of a building permit for a specified property. The Municipality severed information under s. 480(1) of the Municipal Government Act ("MGA"), and gave the third party notice of its decision. The third party objected to the disclosure of any information in the record on the grounds that disclosure would harm its confidential personal and business interests. The Review Officer recommended disclosure of all but third party signatures. The third party failed to meet its burden showing that the Municipality was required to withold any part of the record under s. 481 of the Act. Moreover, the Review Officer found that the Municipality need not have withheld the third party's name as it would not, under these circumstances, result in an unreasonable invasion of privacy if disclosed. The Review Officer found that the Municipality was correct in withholding the signatures of third parties under s. 480(1) of the MGA. Read more...
Review Officer releases Review Report FI-10-19
The applicant sought access to a copy of an investigation report concerning complaints that she was subjected to racism, bullying and harassmant in the workplace. The applicant received a copy of the report, less third party names. Investigators' notes of their interview with the applicant were disclosed in full. Notes summarizing the content of witness interviews were withheld entirely based on s. 20(1) as they could not reasonably be severed per s. 5(2). The notes contained information about the applicant. Therefore, a summary was provided to the applicant per s. 20(5). The Review Officer found that the applicant was entitled to: non-personal information; her own complaint information against the respondents; and her own personal information, including the statements or opinions made about the applicant. Read more...
Review Officer releases 2014-2015 Annual Report
Today Catherine Tully, Nova Scotia’s Freedom of Information and Protection of Privacy Review Officer, released her office’s annual report for 2014-15. In the report, Tully describes a vision of a Nova Scotia government that actively discloses vital information, and that vigorously protects the privacy of its citizens. Read more...
Newfoundland and Labrador's New Access and Privacy Legislation In Force
Newfoundland and Labrador's new access and privacy legislation, the Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015) came into force this week.
Newfoundland and Labrador’s Information and Privacy Commissioner Ed Ring commented: “The OIPC is pleased with its expanded role and the advancements in access and privacy law the ATIPPA, 2015 has created. This new law is the best of its kind in Canada and among the best globally”.
More information on this new Act can be found at http://www.releases.gov.nl.ca/releases/2015/oipc/0603n03.aspx.
New Time Extension Guidelines and Time Extension Request Form for Public Bodies
On April 22, 2015, the Nova Scotia Court of Appeal released its decision in Nova Scotia (Public Prosecutions Service) v. FitzGerald Estate, 2015 NSCA 38. The Court of Appeal found that the judge erred in his interpretation and application of both the discretionary exemption dealing with prosecutorial discretion [s. 15(1)(f)], and the mandatory exemption that protects third party personal information from disclosure. In addition, by importing the Stinchcombe disclosure rights into the FOIPOP Act, he committed palpable and overriding errors of fact.
New/Updated Publications Now Available