The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Wednesday, November 15, 2006

Patriot Act blocking statute now the law in Nova Scotia

The Governor-in-Council for Nova Scotia today proclaimed into force the new Personal Information International Disclosure Protection Act.

For more background, see

Here's the official release from the government of Nova Scotia:

News Release: Department of Justice
November 15, 2006 13:07
Legislation to ensure that Nova Scotians' personal information is not disclosed under the U.S. Patriot Act was proclaimed today, Nov. 15.
The new Personal Information International Disclosure Protection Act outlines a series of requirements and penalties that protect personal information from inappropriate disclosure.
"This legislation will help ensure that Nova Scotians' personal information will be protected," said Justice Minister Murray Scott. "The act outlines the responsibilities of public bodies, municipalities and service providers and the consequences if these responsibilities are not fulfilled."
The act provides protection regarding storage, disclosure and access to personal information outside of Canada or in the custody or under the control of a public body or municipality.
The legislation comes into effect for government, school boards, universities, district health authorities and other public bodies today and on Nov. 15, 2007 for municipalities.
Under the act, the minister of Justice must be notified if there is a foreign demand for disclosure of any personal information of Nova Scotians. It also requires that service providers storing information only collect and use personal information necessary for their work for a public body or municipality.
The act also address whistleblower protection for employees of external service providers to ensure they are protected if they report an offense under the act. Whistleblower protection for Nova Scotia government staff already exists under the Civil Service Act.
Penalties under the act include up to $2,000 per government employee for malicious disclosure by employees of public bodies and municipalities. The act also creates offences for service providers, with penalties of up to $2,000 for employees and $500,000 for companies.
Offences relate to the improper storage, collection, use, or disclosure, failure to notify the minister of Justice of foreign disclosure demands, and improper discipline or termination of employees.
Information sessions have been held in Truro and Halifax over the past month to educate partners and stakeholders about the provisions of the act.

FOR BROADCAST USE:
New provincial legislation which will ensure that Nova Scotians' personal information is not at risk from activities under the U-S Patriot Act has been proclaimed today (November 15th).
The new Personal Information International Disclosure Protection Act outlines a series of requirements and penalties that protect personal information from inappropriate disclosure.
The act provides protection regarding storage, disclosure and access to personal information in the custody or under the control of a public body.