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MEDIA ADVISORY

February 10, 2016

N.S. Information and Privacy Commissioner to release investigation report about disclosure of former cabinet minister's personal information by staff in the Office of the Premier  

HALIFAX - On Thursday February 11, at 10:00 a.m., Information and Privacy Commissioner for Nova Scotia Catherine Tully will release an investigation report about the disclosure of a former cabinet minister's personal information by staff in the Office of the Premier.  Read more...


 

Information and Privacy Commissioner releases Review Report 16-01

Businesses that interact with government are generally unfamiliar with the accountability regime set out in the Freedom of Information and Protection of Privacy Act ("FOIPOP").  In order for a public body such as Nova Scotia Business Inc. ("NSBI") to withhold third party business information, NSBI must satisfy a three part test.  Included in that test is a requirement that the disclosure would result in a reasonable expectatation of harm to the third party business.  When businesses are consulted by public bodies such as NSBI, they often insist that business information should be held confidential without any evidence that harm would occur from the disclosure.  It is no doubt a challenge for organizations such as NSBI to educate their business partners to better understand NSBI's very important accountability obligations.  In this case, neither NSBI nor any third party provided evidence of harm from the disclosure of the requested information.  As a result, the Commissioner recommends full disclosure of information relating to the government's payroll rebate program.  Read more...


Information and Privacy Commissioner releases Review Report FI-11-72

The Commissioner recommends that the public body disclose, in whole or in part, an additional 297 pages.  She further recommends that the public body revisit a portion of the file and conduct a line by line review as required under the Freedom of Information and Protection of Privacy Act ("FOIPOP").

The applicant sought a copy of the prosecution's file relating to charges against his former employer.  The public body withheld most of the record claiming that disclosure would reveal information used in exercising prosecutorial discretion, was protected by solicitor-client privilege, or the disclosure would be an unreasonable invasion of a third party's personal privacy.  

The records were compiled by Crown Prosecutors for the conduct of a trial.  The nature and purpose of the records results in a large portion of the information being protected by the exemption for prosecutorial discretion.  However, the Commissioner finds that this does not allow the public body to withhold in full as much information as it has.  The Commissioner considers the duty to sever and concludes that FOIPOP requires a public body to disclose the portions of records that are both intelligible and responsive to the request after information excepted from disclosure is removed from the records.  Read more...


Information and Privacy Commissioner releases Review Report FI-13-28

The Commissioner recommends full disclosure of the contract for the outsourcing of SAP services signed between the Department of Finance ("Department") and IBM.  Three applicants sought access to the contract under the Freedom of Information and Protection of Privacy Act ("FOIPOP").  The Department was prepared to disclose it in full, but a third party objected.  In agreeing to a contract, the Department and the third party negotiated the terms.  The input of both the Department and the third party was critical to defining those terms.  As a consequence, the Commissioner finds that the information in the contract is negotiated and not "supplied" as required under FOIPOP.  In addition, the third party failed to prove that the disclosure would result in the kinds of significant harms contemplated by the Act.  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...

View the 2014-2015 Annual Report


2015-2016 French-language Service Plan / Plan de services en français



New/Updated Publications Now Available

Guidance for the Use of Criminal Record Checks for Universities and Colleges

Time Extension Guidelines - Municipal Government Act

Time Extension Request Form - Municipal Government Act

Privacy Management Program Gap Analysis for Public Bodies and Municipalities

Reasonable Security Checklist for Personal Information

PHIA Fee Fact Sheet - Personal Health Information Act

Privacy Management Program Toolkit for Health Custodians - Personal Health Information Act