Summary of Authorities under Freedom of Information and Personal Information International Disclosure Protection Acts

Overview

The Freedom of Information and Protection of Privacy Act (FOIPOP) dictates the Collection, User and Disclosure of Personal Information. As stewards, we are bound to evaluate our legal authority to collect, use and disclose information as well as reasonable security and data retention (proper destruction, as required). 

Acadia is also bound by the Personal Information International Disclosure Protection Act (PIIDPA)PIIDPA requires that personal information in the custody or control of a public body shall not be stored or accessed outside of Canada, subject to limited exceptions (s.5(1)). If there is to be storage or access of information outside of Canada, we must declare it to the provincial government.

This article provides an overview of the pertinent legislation's components:

  1. FOIPOP: Summary of Authorities Under FOIPOP
  2. PIIDPA: Authority to Disclose & Store Personal Information Outside of Canada

Note: In case of a discrepancy, the legislation is the ultimate authority. This is a summary only. 

FOIPOP Summary of Authority

     24 (1) 

Personal information shall not be collected by or for a public body unless:

24(1)(a)

The collection of the information is expressly authorized by or pursuant to an enactment (identify the enactment and section).

24(1)(b)

The information is collected for the purpose of law enforcement (review the definition of law enforcement in s. 3(1)(e) to ensure it applies).

24(1)(c)

The information relates directly to, and is necessary for, an operating program or activity of the public body.

24(2) Where an individual’s personal information will be used by a public body to make a decision that directly affects the individual, the public body shall make every reasonable effort to ensure that the information is accurate and complete.
24(3) The head of the public body shall protect personal information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal.
24 (4) Where a public body uses an individual’s personal information to make a decision that directly affects the individual, the public body shall retain that information for at least one year after using it so that the individual has a reasonable opportunity to obtain access to it. 1993, c. 5, s. 24

Use

26(a)

Use is for the purpose for which the information was obtained or compiled, or for a use compatible with that purpose (to determine if a use if compatible review the requirements set out in s. 28).

26(b)

The individual the information is about has identified the information and has consented to the use (such consent should generally be in writing, dated and identifying the information).

26(c)

The use is for a purpose for which the information may be disclosed to the public body pursuant to s. 27 (check the disclosure list below).

Disclosure

27(a)

In accordance with this Act or as provided pursuant to another enactment (identify the enactment and section).

27(b)

The individual the information is about has identified the information and consented in writing to its disclosure.

27(c)

For the purpose for which it was obtained or compiled, or a use compatible with that purpose (to determine if a disclosure is for a compatible purpose review the requirements set out in s.28).

27(d)

For the purpose of complying with an enactment or with a treaty, arrangement or agreement made pursuant to an enactment (identify the enactment and section and attached the agreement if applicable).

27(e)

For the purpose of complying with a subpoena, warrant, summons or order issued or made by a court, person or body with jurisdiction to compel the production of information.

27(f)

To an officer or employee of a public body if the information is necessary for the performance of the duties of, or for the protection of the health or safety of, the officer or employee.

27(g)

To a public body to meet the necessary requirements of government operation.

27(h)

For the purpose of collecting a debt or fine owing by an individual to the public body or making a payment owing by the public body to an individual.

27(i)

To the Auditor General or other prescribed person for audit purposes.

27(j)

To a member of the House of Assembly who has been requested by the individual, whom the information is about, to assist in resolving a problem.

27(k)

To a representative of the bargaining agent who has been authorized in writing by the employee, whom the information is about, to make an inquiry.

27(l)

To the Public Archives of Nova Scotia, or the archives of a public body for archival purposes.

27(m)

To a public body or law enforcement agency in Canada to assist in an investigation undertaken with a view to law enforcement or from which a law enforcement proceeding is likely to result.

27(n)

If the public body is a law enforcement agency and the information is disclosed to another law enforcement agency.

27(o)

If the head of the public body determines that compelling circumstances exist that affect

anyone’s health or safety.

27(p)

So that the next of kin or a friend of an injured, ill or deceased individual may be contacted.

27(q)

For research, archival or historical purposes as provided in sections 29 and 30.

 

PIIDPA: Authority to Disclose & Store Personal Information Outside of Canada

Application of the Act

3

  4

PIIDPA applies to every public body and municipality and to all directors, officers and employees as well as to all employees and associates of a service provider.

PIIDPA does not apply to records listed in s. 4 which include:

  • Published material or material that is available for purchase by the public;
  • Material that is a matter of public record.

Access and Storage Outside Canada - Authorities

5(1)

Rule

A public body shall ensure that personal information is stored and accessed only in Canada unless authorized under PIIDPA.

5(1)(a)

Consent

The individual the information is about has identified the information and has consented, in the manner prescribed by regulation, to it being stored in or accessed from outside Canada.

5(1)(b)

PIIDPA Disclosure

The information is stored or accessed outside of Canada for the purpose of disclosure allowed under PIIDPA (see list below).

5(1)(c)

Permission

The head of the public body has allowed storage outside of Canada pursuant to s. 5(2):

  • If the head considers the storage or access is to meet the necessary requirements of the public body’s operation, (subject to any restrictions or conditions the head considers advisable)
  • The head must report the access or storage decision to the minister within the timeline set out in the Act (s. 5(3))

Disclosure Outside Canada - Authorities

9(2)(b)

Consent

The individual the information is about has identified the information and consented, in writing, to its disclosure inside or outside Canada.

9(2)(c)

Enactment

In accordance with an enactment of the Province, the Government of Canada or the Parliament of Canada that authorizes or requires its disclosure.

9(2)(d)

Agreement

In accordance with a provision of a treaty, arrangement or agreement that authorizes or requires its disclosure and is made under an enactment of the Province, the Government of Canada or the Parliament of Canada.

9(2)(e)

To head

To the head of the public body, if the information is immediately necessary for the performance of the duties of the head.

9(2)(f)

To employee

To an employee of the public body and the information is immediately necessary for the protection of the health or safety of the employee.

9(2)(g)

To legal counsel

To legal counsel for the public body, for use in civil proceedings involving the government of the Province or the public body.

9(2)(h)

Debts

To collect moneys owing by an individual to the Province or public body or for making a payment owing by the Province or public body.

9(2)(i)

Motor vehicle

For the purpose of licensing or registration of motor vehicles or drivers or verification of motor vehicle insurance, registration or drivers’ licenses.

9(2)(j)

Compelling circumstances

Where the head of the public body determines that compelling

circumstances exist that affect anyone’s health or safety.

9(2)(k)

Next of kin

So next of kin or friend of injured or deceased individual may be contacted.

9(2)(l)

Research

Public archives

For research purposes in accordance with s. 10.

To a provincial or public body archive in accordance with s. 11.

9(3)

Law enforcement

A public body that is a law enforcement agency may disclose to another law enforcement agency in Canada or in a foreign country under an agreement or enactment of Canada or the Province.

9(4)

Temporary

The head of a public body may allow an employee to transport personal information outside Canada temporarily if the head considers it is necessary for the performance of the duties of the employee to transport the information in a computer, cell phone or other mobile device.

 

Details

Article ID: 1002
Created
Mon 12/7/20 2:00 PM
Modified
Wed 4/6/22 10:58 AM