Overview
The Freedom of Information and Protection of Privacy Act (FOIPOP) dictates the Collection, Use 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:
- FOIPOP: Summary of Authorities Under FOIPOP
- 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
| Section |
Component |
Authority |
| 24 |
Collection |
Public bodies shall not collect personal information unless:
- The collection is expressly authorized by an enactment
- The information is collected for the purpose of law enforcement
- The information relates directly to and is necessary for an operating program or activity of the public body
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24(2)
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Accuracy
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If personal information will be used to make a decision that directly affects the individual the public body must ensure the information is accurate and complete
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24(3)
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Security
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The public body must protect personal information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure and disposal
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24(4)
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Retention
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Where a public body uses an individual’s personal information to make a decision that directly affects the individual, the public body must retain the information for at least one year
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25
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Correction
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- Applicant may request a correction
- Where no correction is made, the public body must annotate
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26
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Use
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A public body may use personal information only
- For the purpose for which that information was obtained or compiled or
- For a use compatible with that purpose
- If the individual has consented to the use
- For a purpose for which the information may be disclosed to the public body under s. 27- 30
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27
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Disclosure
(c)
(b)
(a)
(d)
(e)
(f)
(g)
(h)
(m)
(n)
(i)
(j)
(k)
(l)
(q)
(o)
(p)
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A public body may disclose personal information only:
Compatible use & consent
- For the purpose the information was obtained or compiled or a use compatible with that purpose
- If the individual has consented in writing to the disclosure
Note: “compatible” is defined in s. 28 to mean a use of the personal information that has a reasonable and direct connection with the purpose for which it was originally collected and that is necessary for performing the statutory duties of, or for operating a legally authorized program of the public body.
Law, subpoena, court orders
- As provided pursuant to an enactment
- For the purpose of complying with an enactment or with a treaty or agreement made pursuant to an enactment
- To comply with a subpoena, warrant, summons or order issued by a court or person with jurisdiction to compel production of information
Public bodies
- 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
- To a public body to meet the necessary requirements of government operations
- For the purpose of collecting a debt or fine owing to the Province or public body of to make a payment owed by the Province or public body
Law enforcement
- To a public body or a law-enforcement agency in Canada to assist in an investigation undertaken with a view to a law-enforcement proceeding or from which a law-enforcement proceeding is likely to result
- If the information is disclosed by a law-enforcement agency to another law-enforcement agency in Canada or in a foreign country under a written agreement, treaty or legislative authority
Auditor, bargaining agent, public archives & research
- To the Auditor General for audit purposes
- 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
- To a representative or bargaining agent who has been authorized in writing by the employee whom the information is about to make an inquiry
- To the Public Archives of Nova Scotia, or the archives of a public body for archival purposes
- For the purpose of research or to archives as set out in s. 29 & 30
Safety
- If the head of the public body determines that compelling circumstances exist that affect anyone’s health or safety
Next of kin
- So next of kin or a friend of an injured, ill or deceased individual may be contacted
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PIIDPA: Authority to Disclose & Store Personal Information Outside of Canada
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Application of the Act
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3
4
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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.
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Access and Storage Outside Canada - Authorities
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5(1)
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Rule
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A public body shall ensure that personal information is stored and accessed only in Canada unless authorized under PIIDPA.
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5(1)(a)
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Consent
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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.
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5(1)(b)
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PIIDPA Disclosure
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The information is stored or accessed outside of Canada for the purpose of disclosure allowed under PIIDPA (see list below).
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5(1)(c)
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Permission
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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))
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Disclosure Outside Canada - Authorities
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9(2)(b)
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Consent
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The individual the information is about has identified the information and consented, in writing, to its disclosure inside or outside Canada.
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9(2)(c)
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Enactment
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In accordance with an enactment of the Province, the Government of Canada or the Parliament of Canada that authorizes or requires its disclosure.
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9(2)(d)
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Agreement
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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.
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9(2)(e)
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To head
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To the head of the public body, if the information is immediately necessary for the performance of the duties of the head.
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9(2)(f)
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To employee
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To an employee of the public body and the information is immediately necessary for the protection of the health or safety of the employee.
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9(2)(g)
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To legal counsel
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To legal counsel for the public body, for use in civil proceedings involving the government of the Province or the public body.
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9(2)(h)
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Debts
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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.
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9(2)(i)
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Motor vehicle
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For the purpose of licensing or registration of motor vehicles or drivers or verification of motor vehicle insurance, registration or drivers’ licenses.
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9(2)(j)
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Compelling circumstances
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Where the head of the public body determines that compelling
circumstances exist that affect anyone’s health or safety.
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9(2)(k)
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Next of kin
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So next of kin or friend of injured or deceased individual may be contacted.
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9(2)(l)
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Research
Public archives
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For research purposes in accordance with s. 10.
To a provincial or public body archive in accordance with s. 11.
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9(3)
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Law enforcement
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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.
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9(4)
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Temporary
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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.
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