Nova Scotia's Freedom Of Information & Protection Of Privacy Act

In 1993 the province of Nova Scotia enacted its own Freedom of Information and Protection of Privacy Act. On November 23, 2000 Nova Scotia post-secondary institutions will fall under the jurisdiction of the Act.

Purpose Of The Act

What is the purpose of the Act?

The purpose of Nova Scotia's Freedom of Information and Protection of Privacy Act is to make public bodies, including the University; more open and accountable to the public in the way they acquire, use and dispose of information. The Act belongs to the human rights category of legislation. It gives individuals rights regarding their own personal information and requires accountability from public bodies. The Act allows individuals to both examine and request corrections to their own personal information held by public bodies.

How is the purpose of the Act achieved?

The purpose is achieved in a number of ways:

• By giving the public a right of access to records in the custody and control of the University, subject only to limited and specific exemptions. This set of exemptions includes both mandatory and discretionary exemptions.
• By giving individuals a right of access to personal information held by the University about themselves.
• By specifying limited exemptions to the right of access.
• By giving individuals a right to request correction of personal information about themselves held by the University.
• By ensuring appropriate collection, use and disclosure of personal information by the University.
• By preventing the unauthorized collection, use and disclosure of personal information by the University.
• By providing an independent review of decisions made by the University under the Act.

The Act also provides the opportunity for each individual to request information, making public bodies directly accountable to each citizen. This facilitates informed public participation in policy formulation, ensures fairness in University decision-making and permits the airing and reconciliation of divergent views.

        This booklet consists of a summary, which concentrates on the parts of the Act affecting University records specifically. A complete copy of the Nova Scotia Freedom of Information and Protection of Privacy Act is available on the government web site at: www.gov.ns.ca/legislature/legc/statutes/freedom.htm

        The FOIPOP Act applies to all records in the custody or under the control of public bodies. These public bodies include:

• Ministries
• Crown corporations
• Provincial boards, commissions, agencies, etc.
• Universities and Colleges
• and others (see the Act)

Scope Of The Act

What does the Act not do?

• The Act does not replace other channels for access to information; it is a means of last resort.
• The Act does not limit in any way access to information that is not personal information and that is available to the public.

When does the Act not apply?

• The Act does not apply to a record of a question that is to be used on an examination or test.
• The Act does not apply to a record containing teaching materials or research information of University employees.

Key Definitions

Freedom of Information (FOI) - The public has a right of access to University records. The Act provides the opportunity for each individual to request information, making public bodies directly accountable to each citizen.

Protection of Privacy (POP) - To protect the privacy of individuals - their personal information. To provide individuals with the right of access to their own "personal information."

Law enforcement - (i) Policing, including criminal-intelligence operations, (ii) investigations that lead or could lead to a penalty or sanction being imposed and, (iii) proceedings that lead or could lead to a penalty or sanction being imposed.

Public Body - (i) A government department or a board, commission, foundation, agency, tribunal, association, or other body of persons, whether incorporated or unincorporated, all the members of which or all the members of the board of management or board of directors of which are appointed by order of the Governor in Council or if not so appointed, in the discharge of their duties are public officers or servants of the Crown, (ii) Public Archives of Nova Scotia, (iii) A body designated as a public body pursuant to clause (f) of subsection (1) of Section 49, (iv) Hospitals, (v) Universities, (vi) A school board as defined in the Education Act, (vii) The College de l'Acadie established by the Community Colleges Act, (viii) The Nova Scotia Community College established by the Community Colleges Act, (ix) Other institutions designated by the Act.

Personal Information - Recorded information about an identifiable individual.

Record - Any records or documenting material regardless of physical form or content, made or received by an officer, authority or department of the University that relates to the University and its business, such as books, documents, maps, drawings, photos, letters, handwritten notes, e-mails, vouchers, papers, and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records.

Sever - Means to remove information to which an exemption applies and disclose the remainder of the record.

Third Party - In relation to a request for access to a record or for correction of personal information, means any person, group of persons or organization other than the person who made the request, or a public body.

FOIPOP Administrator - Marie DeYoung - contact person for FOIPOP requests and questions. Answers request in consultation with the applicable sector head.

Nova Scotia Review Officer - Responsible for appeals to the University's FOIPOP decisions.

Fees - The University may require an applicant to pay a fee for specific services. Fees do not apply to a request of an applicant's own personal information.