Freedom of Information and Protection of Privacy Act (amended)

BILL NO. 163

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
54 Elizabeth II, 2005

Private Member's Bill

Freedom of Information and Protection of Privacy Act
(amended)

Kevin Deveaux
Cole Harbour-Eastern Passage

First Reading: April 22, 2005

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 amends the Freedom of Information and Protection of Privacy Act to require the Review Officer to review all proposed Government legislation prior to introduction to determine whether the proposed legislation contains privacy-related concerns.

Clause 2 provides that when conducting a review under the Act, the Review Officer may authorize another person to review confidential documents related to the matter under review.

Clause 3

(a) enables the Review Officer to investigate a complaint from an individual respecting the collection, use or disclosure of personal information that relates to the individual;

(b) requires the Minister of Justice to develop, in consultation with the Review Officer, a privacy impact assessment;

(c) requires all records containing personal information of individual Nova Scotians that are managed or controlled by a public body to be housed in Canada;

(d) requires every public body to report to the Review Officer a request from outside Canada for an individual's personal information; and

(e) sets out penalties for a violation of the new privacy protection provisions.

Clause 4 provides that the new Section 42C enacted by Clause 3 has effect six months after the coming into force of this Act.

An Act to Amend Chapter 5
of the Acts of 1993,
the Freedom of Information and
Protection of Privacy Act

Be it enacted by the Governor and Assembly as follows:

1 Chapter 5 of the Acts of 1993, the Freedom of Information and Protection of Privacy Act, is amended by adding immediately after Section 33 the following Section:

33A (1) The Review Officer shall review all proposed Government legislation before that legislation is introduced in the House of Assembly to determine whether the proposed legislation contains privacy-related concerns.

(2) Where the Review Officer is of the opinion that proposed Government legislation contains privacy-related concerns, the Review Officer shall communicate that concern to the relevant minister or Government department before the introduction of the legislation.

2 Section 38 of Chapter 5, as amended by Chapter 11 of the Acts of 1999 (2nd Session), is further amended by adding immediately after subsection (1) the following subsection:

(1A) In addition to the powers referred to in subsection (1), the Review Officer may authorize a person designated by the Review Officer to review confidential documents related to the matter under review and, in such case, the public body may require that person to swear an affidavit of confidentiality.

3 Chapter 5 is further amended by adding immediately after Section 42 the following Sections:

42A (1) Notwithstanding anything contained in this Act, the Review Officer may investigate a complaint from an individual respecting the collection, use or disclosure of personal information that relates to that individual.

(2) Sections 34 to 42 apply, mutatis mutandis, to the investigation of a complaint pursuant to subsection (1).

42B (1) The Minister shall, in consultation with the Review Officer, develop a privacy impact assessment.

(2) Every public body shall conduct a privacy impact assessment before introducing a new program or substantially altering an existing program.

42C (1) All records containing personal information of individual Nova Scotians that are managed or controlled by a public body, or persons contracting with a public body, shall be housed in Canada and controlled by a corporation authorized to carry on business in Canada.

(2) Every public body shall amend all contracts in force on the coming into force of this Section to which the public body is a party to ensure that those contracts comply with the requirements of subsection (1).

42D (1) Every public body shall report to the Review Officer where the public body receives a request from outside Canada for an individual's personal information.

(2) The Review Officer shall include in the annual report of the Review Officer a summary of the requests reported to the Review Officer pursuant to subsection (1).

(3) No action of any kind shall be taken against a public body or an employee of a public body who, in good faith, makes a report pursuant to subsection (1).

42E Every person who violates the privacy protection provisions of Sections 42C or 42D is guilty of an offence and liable upon summary conviction to a fine not exceeding

(a) two thousand dollars, for an employee of a corporation; or

(b) five hundred thousand dollars, for a corporation.

4 Section 42C of Chapter 5, as enacted by Section 3, has effect six months after the coming into force of this Act.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2005 Crown in right of Nova Scotia. Created April 22, 2005. Send comments to legc.office@novascotia.ca.

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