Following in the footsteps of British Columbia and Alberta, bar owners in Halifax are talking about rolling out a "Bar Watch" program. You can read about other programs here: id swiping.

What is particularly troubling or at the very least needs close scrutiny is the suggestion that the banned list is going to originate from the police. So far, I haven't seen what gives the police the right to decide who goes into licensed establishments and what criteria they will use. I haven't seen any detail about how it with be implemented and what information will be demanded from all bar patrons.

Stay tuned.

Bar owners see police role in managing ban (UNews)

The group spearheading a citywide bar-goer blacklist may rely on police to provide personal information of banned patrons, according to a spokesperson for the group.

"I'm assuming that the police would hand it over to us, I can't see why they wouldn't," said Richard Stevens of the Restaurant Association of Nova Scotia. "I'm fairly certain that that's the way it would go."

Stevens is a co-owner of the Pogue Fado Irish Public House, as well as chair of the association's government-affairs committee. That committee met Thursday with its partners in this project - the municipality, police and provincial liquor enforcement officials - and agreed in principle to proceed with the plan.

The Bar Watch program, as it's been dubbed, may begin as early as April, but there's a lot still up in the air. Though Stevens said he's just speculating at this point, maintaining a database of patrons barred from Halifax's drinking establishments would be key.

This list would likely contain "very basic biographical information about the person," such as name and address, he said. Some details of the incident that earned them their spot on the list may also be included, including names of witnesses and security staff involved.

The list would be maintained by the association, and only bar owners and general managers would be able to add people to it. Bar security would only see the names of banned patrons, not their full details.

"It would take a significant incident (to get on the list). This isn't anything that any of the owners take lightly," Stevens said.

"I'm assuming that probably 75 to 80 per cent of the people that end up getting barred, the police would probably end up getting involved anyway ... because it would be that serious."

Even if bar security have to restrain patrons involved in a fight or another serious incident, the bouncers have no right to search them for ID, he said.

"If they fail to provide identification, if and when they've been restrained after an incident, we'd call the police," he said. "The police would come and the police would get that information."

Stevens said he believes the police will provide the information necessary for the blacklist. Arrest records are public.

Police advising, but no word on further role

Halifax Regional Police spokesperson Cst. Brian Palmeter said the police's role "is to provide any guidance or assistance that they would ask from us."

"All that we're really saying about it is that we're aware the Restaurant Association has had some preliminary discussions about this ... We would support anything that any business would do to make it safer for their customers ... but as far as this goes, this is something that they're looking at doing. It's not a police matter."

At the time, Palmeter was not asked and did not comment on whether police would provide the association with personal information of patrons.

Stevens said the police have been advising the association on the administration of the program.

"They have a lot more experience with these programs than we do," he said. "They're guiding us along, providing advice, and they're going to stay by our side ... until we get this thing up and running."

Stevens said the police could be involved in this capacity for one to two years.

The next step in getting this program off the ground is a meeting with "the key stakeholders around HRM," which Stevens said he expects within the next two or three weeks.

"We'll target, with the help of the police force, 10 or 12 key establishments, contact the owners, and call them in for a meeting where we'll describe the program, its objectives, what we hope to accomplish, and ask them to get onboard."

Labels: id swiping, nova scotia, privacy

Labels: health information, nova scotia, privacy

The Minister of Health for Nova Scotia has today introduced the Personal Health Information Act in the legislature. I'll have a link to the text of the bill tomorrow, but in the meantime you can read the release:

Personal Health Information Legislation Introduced News Releases Government of Nova Scotia

Personal Health Information Legislation Introduced

Department of Health

November 4, 2009 2:46 PM

Nova Scotian's personal health information would be better managed under proposed legislation introduced today, Nov. 4.

The Personal Health Information Act would provide consistent provincial rules for the management of personal information in health care.

"Patient privacy is a fundamental principle in delivering health care. At the same time, it is important that health care professionals can share information in ways that can improve care," said Health Minister Maureen MacDonald. "This legislation balances these important objectives."

The proposed legislation sets out rules for how health information is collected, used, disclosed, retained and destroyed by the health-care sector in Nova Scotia. It better supports a system that uses electronic as well as paper health records and helps provide a more seamless flow of information.

Specific rules include provisions for privacy breach notification audit reports to track who has had access to electronic health records, and requests for people to access to their health information.

Nova Scotia does not have clear health information legislation. It is governed by a mix of federal and provincial laws, health profession codes, and organizational policies and procedures. Nova Scotia joins eight other provinces who have comprehensive legislation to manage personal health information.

I understand that the legislature session ends shortly, so the Bill will not be debated until the new year. It's also reported that the Department plans to have the Bill come into force in January 2011.

Labels: health information, nova scotia, privacy

Halifax Police plan to augment their network of surveillance cameras with hidden cameras in public places. Law abiding citizens have nothing to fear, according to the Mayor. Besides, the Mayor says, people are used to being surveilled on private property. What he doesn't seem to get is that private property is "private" property that you enter on the terms set out by the property owner. Public places do not have those stipuations. Or at least they shouldn't.

From the Halifax Chronicle Herald:

Police plan more camera surveillance - Nova Scotia News - TheChronicleHerald.ca

Halifax police intend to step up camera surveillance in public places, the city’s police chief said Tuesday.

Chief Frank Beazley said Halifax Regional Police officers will be using portable digital equipment in the near future to record images at "hot spots" in the municipality and public gatherings like rock concerts.

He told a city hall budget meeting the new gear won’t need to be installed — the police department already has fixed cameras at several locations — because police personnel will simply arrive at a potential trouble spot with cameras and leave with the pictures they’ve collected.

Mayor Peter Kelly supports more secret camera use at different sites. He said cameras tracking public goings-on are already a fact of life here and in other cities.

Asked if extra police snooping is an invasion of privacy, Mr. Kelly said law-abiding citizens have nothing to fear.

"For those who cause concern for others, you’ll have things to worry about," the mayor said, adding, additional surreptitious camera work will hopefully lead to crime prevention and the arrests of lawbreakers.

Mr. Kelly said people are routinely photographed on private property, such as banks, stores, parking lots and elsewhere, and the police plan to beef up surveillance at common areas used by many people makes sense.

Chief Beazley acknowledged the enhanced camera gear will be used at various locations throughout the city.

"If we have a hot spot — there’s crime going on in certain areas — we’re going to be able to take these mobile cameras and surreptitiously (use) them" without the knowledge of those being photographed, he told regional council’s committee of the whole.

Metro has seen a month of violent crime, including three murders. The most recent shootings in the city occurred Friday night and Saturday afternoon. Nobody was killed in either attack.

Saturday’s shooting took place at a house in a residential neighbourhood in Fall River, prompting RCMP to say police are concerned an innocent bystander could get hurt, or worse.

Labels: law enforcement, nova scotia, police, privacy, surveillance, video surveillance

Earlier today, the Nova Scotia government came under fire for introducing a new form for driver's licence renewals that asked applicants to say whether they had any kind of mental illness. (Critics: Don’t tie driver’s licence renewal to psychiatric history) Too much information, I say. So says the FOIPOP Review Officer, Dulcie McCallum.

Apparently anyone who checks off affirmatively will be required to provide a medical report detailing their mental illnesses, which may be referred to a medical panel to determine fitness to drive.

The question is so broad that it would capture loads of irrelevant information, including a bout of post-partum depression twenty years previously. Of course, many people will lie to keep their licences.

The form was introduced to replace a form that many called confusing.

What's most interesting is that the government promptly pulled the form and went back to the old one.

Backlash forces N.S. to drop new driver's licence form

“They should not be collecting personal information on this basis,” Dulcie McCallum, the province’s Freedom of Information and Protection of Privacy review officer, said.

“It’s completely unnecessary.”

That kind of information has historically been used against people, she said.

“It goes kind of to the heart of things that are most intimate and that people want most protected,” Ms. McCallum said. “You can’t make any assumptions about people. You can’t have a policy that automatically creates a different standard for people.

“There’s no evidence to support that somehow psychiatric challenges make you more or less of a bad driver.”

It would be more appropriate to ask if people were taking any prescription medication that could affect their driving, she said.

“That doesn’t connect it to any particular illness or disability or historically disadvantaged group and it may be a bona fide question,” she said.

David Fraser, a Halifax lawyer who specializes in privacy law, said the province deserves credit for acting quickly to fix its error but questioned whether reverting to the old form would solve the problem.

“It sounds to me like an interesting response,” he said. “I’m not sure if it’s to everybody’s benefit if they’re going back to a form that had previously been confusing.

Labels: nova scotia, privacy, public sector

The Government of Nova Scotia is planning to implement a new system for players of video lottery terminals (VLTs), requiring players to use a personal card so they can track their wins and losses, and put limits on their own playing. The system allows the players to remain anonymous. NDP Gambling Critic, Howard Epstein, wants the system to be changed so that the government knows how much players are losing so they can intervene if it appears to be a problem. The privacy issues in this one are obvious. See: Nova Scotia News - TheChronicleHerald.ca - NDP: No anonymous VLT cards - Counsellors should contact gamblers with big losses, critic says.

Labels: nova scotia, privacy

An editorial in today's Halifax Chronicle Herald is coming out in favour of the apparent clampdown on bars in Halifax, including the doubling of surveillance cameras and giving the police access to the feeds.* They even come out with the old line, "if you aren't breaking the law, you have nothing to worry about":

Nova Scotia News - TheChronicleHerald.ca:

"Some critics have raised concerns about the misuse of increased security cameras, or giving police and liquor licence inspectors access to the images. Bars, however, are public places. If individuals are not breaking the law, they have little need to worry. That said, any misuse of the security cameras should be punished."

Today's paper had the following letter to the editor:

Nova Scotia News - TheChronicleHerald.ca

Pretty public privacy

I read with amazement the Dec. 30 article "Lawyer: Cops watching bar videos a worry." It left me wondering how anyone could have any expectation of privacy in a public place.

By definition, "public" is the opposite of "private." One cannot have both at the same time.

There are those who claim that their privacy is taken away by video cameras in bars and on the street. Well, folks, you never had privacy in these public places in the first place, so how is it taken away from you?

If these people want privacy, I suggest they look for it in their homes or in a voting booth. Get over it.

John D. Spearns, Dartmouth

This is a fallacious supposition. Halifax is a small city. There's actually a pretty good chance that the person watching the monitor is a neighbour, a member of your church or at least somehow intersects with your social circle. (Just go to the public market on a Saturday morning and you'll see how small a city this is.)

People at bars routinely do things that are not -- I repeat, NOT -- illegal but they wouldn't want recorded for posterity and perhaps clipped and sent around in an e-mail. People go to bars to relax, to undwind, to meet people and maybe even do foolish but lawful things. I am sure that on any given night, extramarital affairs are begun at bars around town. (A bit foolish in such a small city, but ....) None of this is illegal and none of it merits the scrutiny of law enforcement. Having cameras that are being transmitted to the police in realtime can have a chilling effect on lawful behaviours. Just because you are publicly visible shouldn't mean that you surrender all rights to privacy. (One must remember, also, that a bar is not a "public place" but a private establishment into which the public is invited.)

It may be a different matter if the cameras were only used as an investigative tool to look into incidents after the fact, but there has been no indication that there will be any controls on these cameras.

Even the law-abiding bar patron has cause to worry.

*See: Canadian Privacy Law Blog: Offsite surveillance in Halifax bar may set precedent and Canadian Privacy Law Blog: Halifax bar gets liquor license back on condition that cops have off-site access to surveillance system.

Labels: law enforcement, nova scotia, privacy, surveillance, video surveillance

I was interviewed the other day by Chris Lambie of the Halifax Chronicle Herald in response to the recent decision to restore the liquor license of a well-known Halifax bar on the condition that it double its surveillance cameras and allow the feeds to be reviewed off-site by the police (See: Canadian Privacy Law Blog: Halifax bar gets liquor license back on condition that cops have off-site access to surveillance system). I didn't realize that my comments would form its own article ...

Dome agreeing to let cops monitor patrons via in-house cameras could set precedent, privacy expert fears - Nova Scotia News - TheChronicleHerald.ca

By CHRIS LAMBIE Staff Reporter

Sun. Dec 30 - 5:27 AM

The decision to give law enforcement officials access to surveillance cameras at the Dome bar complex in downtown Halifax could mean other bars will be forced to do the same if they want to keep selling booze, says a privacy expert.

Authorities closed the Dome after a brawl early on Dec. 24 resulted in 38 arrests. The bar is back in business now, but only after it agreed to implement a long list of security measures, which include giving police and liquor inspectors full access to surveillance cameras at the premises or via the Internet.

"The biggest risk is this can become more common, and once you start doing that it’s very easy to extend it further and extend it further," said David Fraser, a privacy lawyer in Halifax.

"They see it work in once place and they extend it all over the place. And then it’s impossible to go out and have a drink without actually being watched by the police. A lot of people would get freaked out by that."

Once police and liquor inspectors get access to surveillance cameras in bars with a history of violence, authorities could make it mandatory in establishments with potential for problems, Mr. Fraser said.

"As these things become more normal or more standard, the less jarring it is for those who actually care about privacy.

"If you put a frog in a pot of cold water and you turn up the heat, it’s not going to jump out because it doesn’t notice the incremental changes."

There would be few limits on what authorities could do with the information they gather from surveillance cameras, Mr. Fraser said.

"It’s really no different than, theoretically, having a cop sitting at the bar or walking around the establishment. It’s just a whole lot more convenient and probably more pervasive."

Mr. Fraser said he’d be less likely to have a drink in a bar if he knew authorities could be watching.

"The idea of being watched at all has a psychological kind of a factor. For some people, it adds enough of a creep-out factor that, if you’re given the choice of two places that are otherwise identical, one has video surveillance which you know is being watched by cops and the other one doesn’t, regardless of whether or not you intend to do anything unlawful, you’d probably go to the place that was slightly less creepy. At least that would be my own inclination."

The more people watching surveillance cameras in bars, the more room there is for abuse, Mr. Fraser said.

"Sometimes on cable (TV) you’ll see these shows of weird things caught on surveillance," he said.

"Many of them come from the United Kingdom, where there’s pervasive surveillance by law enforcement. And people are making copies of these tapes when they see funny things. And you can tell, when you see how the cameras zoom, that they follow attractive women’s bottoms and things like that. Stuff like that really has the potential to be abused."

Police aren’t sure yet how they’ll use 64 surveillance cameras at the Dome.

"This is something new to us. We’ve never had access to their cameras, other than, as in any establishment, you would have after (a crime) for the purpose of investigation," Halifax Regional Police Supt. Don Spicer said after Friday’s Utility and Review Board hearing that reinstated the Dome’s liquor licence.

"So we really have to look at what we really will be doing with the access that we will be gaining."

There are signs outside the Dome indicating the bar is under video surveillance.

"When you go to a public place, which a bar is, and the signs are posted, I don’t think there will be any problems," said Environment and Labour Minister Mark Parent, who is responsible for the alcohol and gaming division.

The new camera system means liquor inspectors will be able to monitor the bar without being there, Mr. Parent said.

"That was something that the bar owner offered voluntarily and it makes our job that much easier," he said.

It does set a precedent "for bars like the Dome," Mr. Parent said.

"It clearly sends a signal to any other establishment that’s having problems that they need to take some dramatic steps."

At first, Mr. Parent said it’s not akin to the all-seeing Big Brother in George Orwell’s novel Nineteen Eighty-four.

"I guess Big Brother if you want to put it in that sense, if you’re out to do something wrong," he said. "If you’re not out to do something wrong, then I think you’d see it as a safeguard."

The cameras are "an effective low-cost tool because we don’t have the staffing to be everywhere at once," Mr. Parent said. "So I think the important thing is that notices are up so people know, so that it’s not a surprise to them."

Surveillance video could be used to both indict and clear people of any wrongdoing, he said.

"Certainly there are privacy concerns that need to be addressed," Mr. Parent said. "The tapes would need to be used only by official people. You’d have to be very careful how you used them and they would have to make sure that there was no abuse of that in any way. . . . It’s always a balance between public safety and public privacy."

Update: I was just interviewed by CBC Radio News here in Halifax on the story. Here's the piece:

Here, also, is the order of reinstatement from the Utility and Review Board of Nova Scotia.

Update: Here's a CBC online report: Police plans for Halifax bar surveillance cameras cause concerns.

Labels: law enforcement, nova scotia, privacy, surveillance, video surveillance

Early on Christmas Eve a huge brawl at one of Halifax's largest bars resulted in the suspension of the property's liquor license. After a hearing yesterday, the license was restored on a number of conditions. Among them, the bar has to double the number of surveillance cameras on the premises and has to provide liquor regulators and the police with real-time access via the internet.

This is a first in Nova Scotia, but likely not the last time we'll hear of this. Why not have them mandatory in all licensed establishments? In all hotels? Hmm. Drinking takes place in university residences, so maybe we should require police surveillance of those places? The thin edge of the wedge.

See: Buck-a-drink binge nights bite the dust: Dome gets liquor licence back with vow to hike prices, beef up security

Labels: law enforcement, nova scotia, privacy, surveillance, video surveillance

Saskatchewan, as of September 1, 2007, has become the second province in Canada to require healthcare professionals to report gunshot and stabbing wounds to the police. See: Sask. closes gun loophole: Lloydminster Meridian Booster, Lloydminster, AB.

Nova Scotia is considering doing the same; the Deputy Minister of Justice has been circulating a discussion paper on the topic this past week, seeking comments on the topic.

Labels: nova scotia, privacy, saskatchewan

Nova Scotia's Personal Information International Disclosure Protection Act has kept a pretty low profile as of late, but the Halifax Chronicle Herald has devoted a quarter page in its technology supplement to the legislation. It includes a fair amount of content provided by yours truly, but may have the effect of making Nova Scotians more aware of this important development.

Click on the image to download the article in PDF format.

Labels: media-mention, nova scotia, patriot act, piidpa, privacy, vanity

As of February 5, 2007, Nova Scotia will have a new review officer under the Freedom of Information and Protection of Privacy Act:

News Release: Department of Justice

New FOIPOP Review Officer Appointed

Department of Justice

January 11, 2007 8:20

---

Dulcie McCallum, former Ombudsman for the Province of British Columbia, is Nova Scotia's new Freedom of Information and Protection of Privacy Review Officer.

Ms. McCallum will oversee how provincial and municipal governments protect the privacy of Nova Scotians and respond to requests for access to information.

"I'm pleased that Ms. McCallum has agreed to take on this important role," said Justice Minister Murray Scott. "The courts have recognized our legislation as being among the most open, progressive information and privacy laws in the country. Ms. McCallum brings tremendous expertise and knowledge to this office, particularly in the areas of the rights of persons with disabilities and children, constitutional matters and justice issues."

Ms. McCallum received her law degree from the University of Victoria and has expertise in administrative and human rights law. Over the past 30 years, Ms. McCallum has held positions in private practice and in the public sector. She was Ombudsman for the Province of British Columbia for seven years, until 1999. Since then, Ms. McCallum has worked for government and a number of organizations, including representative on the Canadian Delegation to the United Nations, to draft the new UN Convention on the Rights of Persons with Disabilities.

"I am thrilled to be named the new FOIPOP Review Officer and am ready to serve Nova Scotians in this important office," said Ms. McCallum. "I moved to rural Nova Scotia just over a year and a half ago from Victoria, British Columbia.

"Living in Sherbrooke has been one of the most rewarding times of my life. This new opportunity, which will enable me to work throughout the province to ensure citizens' rights of access and privacy are respected, is both a great honour and privilege."

The review officer is an independent ombudsman appointed by the Governor in Council for a term of five to seven years. The review officer will accept appeals from people and organizations who are not satisfied with the response they received from government departments or other public bodies such as hospitals, universities and school boards.

The review officer may make recommendations to the public body. The public body must respond in writing to the report. If the applicant, or a third party, is not satisfied with the outcome of a review, an appeal may be made to the Supreme Court of Nova Scotia.

The selection process for a new review officer was led by the Public Service Commission. An independent selection advisory committee, chaired by Auditor General Jacques Lapointe, recruited candidates for the position. The committee reviewed 70 applications and interviewed six candidates.

Ms. McCallum will assume office on Feb. 5.

Labels: access to information, bc, nova scotia, privacy, public sector

The new access to information advocacy organization for Nova Scotia, the Right to Know Coalition of Nova Scotia, has a new blog: Right to Know Coalition of Nova Scotia.

Labels: access to information, nova scotia, privacy, public sector

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

For more background, see

• Canadian Privacy Law Blog: Nova Scotia passes USA Patriot Act blocking statute
• Canadian Privacy Law Blog: Nova Scotia introduces amendments to thwart USA Patriot Act
• Canadian Privacy Law Blog: Bill 16: The Personal Information International Disclosure Protection Act (Nova Scotia)
• Canadian Privacy Law Blog: Nova Scotia's Personal Information International Disclosure Protection Act to die on the order paper, and
• Canadian Privacy Law Blog: Nova Scotia USA Patriot Act response is back on!.

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.

Labels: health information, nova scotia, outsourcing, patriot act, piidpa, privacy, public sector

In one of the shortest sittings that I can recall, the Legislature of Nova Scotia has passed the Personal Information International Disclosure Protection Act, also known as Bill 19.

Nova Scotia Legislature - House Business - Status of Bills

Bill No. 19 An Act to Protect the Personal Information of Nova Scotians from Disclosure Outside Canada

Hon. Murray K. Scott Minister of Justice

First Reading June 30, 2006

Second Reading (Second Reading Debates) July 6, 2006

Law Amendments Committee July 10, 2006; July 11, 2006

Committee of the Whole House July 13, 2006

Third Reading July 14, 2006

Royal Assent July 14, 2006

I do not believe it has been proclaimed into force, so stay tuned for that part. (See update below.)

The Personal Information International Disclosure Protection Act is a response to the USA Patriot Act, specifically designed to prevent the export of personal information in the custody or control of public bodies in Nova Scotia to any other country. Though the prohibition is generic, it is clearly meant to prevent personal information from being the subject of a demand under the USA Patriot Act. It is also subject to the individual's consent, meaning that the prohibition does not apply if the individual data subject has identified the information and has specifically consented to the export of his or her information.

The Act is binding on all public bodies, their employees and specifically their service providers.

The Act requires that all public bodies ensure that all personal information in its custody or control is kept in Canada and is accessed only in Canada, unless the head of that public body has determined that storage or access outside of Canada is necessary for the public body's operations. If the head so determines, he or she has to notify the Minister of Justice for the province within ninety days of the end of the year.

The Act also contains a requirement that the Minister of Justice be notified forthwith of any "foreign demand for disclosure" or of any request that may be such a demand. The notice has to include the following:

as known or suspected,

(a) the nature of the foreign demand for disclosure;

(b) who made the foreign demand for disclosure;

(c) when the foreign demand for disclosure was received; and

(d) what information was sought by or disclosed in response to the foreign demand for disclosure.

It is an offence to disclose any personal information except in compliance with the Act and it contains specific penalties for public bodies, employees and service providers. Public sector employees may be subject to a fine of up to $2000 and imprisonment for six months. Corporate service providers may be subject to a fine of up to $500,000.

Interestingly, the Act grandfathers in contracts already entered into with service providers, but public bodies are expected to use all reasonable efforts to come into compliance with the new disclosure rules as soon as reasonably possible.

Nova Scotia is now the third Canadian province to enact such legislation, after British Columbia and Alberta.

Probably the most unmanageable portion of the Act deals with temporary exports. These are permitted (for example, in an employee's blackberry or on their laptop), but only with the permission of the head of the public body. This will be very difficult to administer because virtually every public sector employee's cell phone, laptop or briefcase contains information that is considered to be "personal information" under the statute. Every public sector employee who goes to a conference with her laptop will need the permission of the minister or university president or crown corporation president. However, given the rash of laptop thefts as of late, it may be a good thing to make public bodies think much more carefully about how information is carried around.

Interestingly, the Act is not an amendment to the Freedom of Information and Protection of Privacy Act which generally governs the collection, use and disclosure of personal information by public bodies. It is a stand-alone statute, unlike the way this was done in Alberta and BC.

For some background, see:

• Nova Scotia introduces amendments to thwart USA Patriot Act
• Bill 16: The Personal Information International Disclosure Protection Act (Nova Scotia)
• Nova Scotia's Personal Information International Disclosure Protection Act to die on the order paper, and
• Nova Scotia USA Patriot Act response is back on!.

Update (20060717): The Bill has received Royal Assent, but is has not yet been proclaimed into force. (I've added the bold bit in the table above.)

Labels: alberta, bc, laptop, nova scotia, outsourcing, patriot act, piidpa, privacy, public sector

After a brief recess for an election, the Nova Scotia House of Assembly is back with a new session but a boatload of bills that fell off the order paper. Among them is (newly renumbered) Bill 19, the Personal Information International Disclosure Protection Act, which I blogged about earlier.

The Bill was reintroduced on June 30 and received second reading on July 6, 2006. It is now headed to committe for consideration, with what appears to be the approval of all three parties.

Here is the Minister of Justice making the motion for second reading and the response from the opposition parties:

Handsard - July 6, 2006, p. 314

MR. SPEAKER: The honourable Minister of Justice.

HON. MURRAY SCOTT: Mr. Speaker, this legislation will strengthen protections against the disclosure of Nova Scotians' personal information, under the U.S. Patriot Act. The new Personal Information International Disclosure Protection Act outlines a series of requirements and penalties that protect personal information from inappropriate disclosure. We know that the U.S. security legislation has caused concerns about the American Government's ability to access personal information of Nova Scotians, held outside of Canada. This legislation clearly outlines responsibilities of public bodies, municipalities and technology service providers and the consequences if these responsibilities are not fulfilled.

Under the bill, the Minister of Justice must be notified if there is a foreign demand for disclosure of any personal information of Nova Scotians. The bill also requires that service providers storing information only collect and use personal information for the purposes of their work, for a public body or a municipality. In order for these measures to be successful, staff must be sure they will be protected if they come forward to report wrongdoing, under this bill. To that end, the bill will also provide whistle-blower protection for employees of external service providers to ensure they are protected if they report an offence under the bill. Whistle-blower protection for Nova Scotia Government staff already exists under the Civil Service Act.

Mr. Speaker, penalties under the Act include a fine of up to $2,000, or six months of imprisonment 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. Under this bill, these penalties will become part of any new contract. At the same time, we are working to strengthen our existing contracts with current service providers.

Mr. Speaker, this is a serious issue and this bill will help ensure that the privacy of Nova Scotians' information continues to be protected. With those few comments, I move second reading of Bill No. 19. Thank you.

MR. SPEAKER: The honourable member for Cole Harbour-Eastern Passage.

MR. KEVIN DEVEAUX: Mr. Speaker, Bill No. 19 is a bill that the NDP has been pressuring the government to pass for, I guess, two years. This is a bill that two years ago when the NDP discovered, I think it happened in British Columbia originally where the Privacy Commissioner - where they actually have a Privacy Commissioner, I may note, for the record - noticed that under the Patriot Act in the United States, an American investigating body, FBI, CIA, National Security Agency, what have you, under the Patriot Act, if there are records held

[Page 315]

by an American corporation or its subsidiary, in another country, that those organizations can go in and access those records; it may even be without a subpoena, but there's probably very little judicial review, but under the Patriot Act they have access to that information.

So, for example, in Nova Scotia, if our government contracts out the maintenance of the data for people who are on social assistance, or motor vehicle records, that information is handed over to an American corporation to manage that data, that maybe even a subsidiary of that company in this province or in Canada, the American authorities would have access to that. That is a concern, one that British Columbia addressed a while back and it's one that I know that this province, for two years we've asked this government to do this, it's one that we have introduced legislation on and it's one that we're now glad to see the government also understands, finally, that what the NDP was asking for is something we need to do.

It is abhorrent that even for two years we allowed this province to farm out information that could easily be accessed under the Patriot Act. Now even more, we've heard recently how the American authorities have been poring over telephone records, have been monitoring telephone calls. In this age in which - if you want to call it Neo-McCarthyism, in many ways - it's very important that we have an opportunity to ensure that the information in the private information and data of Nova Scotians is protected.

Now, someone raised this with me when the bill was first introduced back in the Spring, before the election, Mr. Speaker. At that time, we had an opportunity - it was asked, well, what's a $2,000 fine going to do? They're probably right. To be frank, the fines in this legislation are not punitive, are not a form that is going to look at these findings and say to themselves wow, do we pay a $2,000 fine and give them information to the FBI or do we say under this act we can't?

The real punitive measure in this is that the contract can be cancelled immediately if there's a violation, that is important. I suspect if we're talking about a long-term contract of maintaining data, I would suggest to you that it would result in that company having to think long and hard about having that contract ripped up and voided. That's the kind of punitive measure we can put in. I would also suggest to the government, for the record, that if they want to avoid this from happening it can easily be done by ensuring that the maintenance of that information remains in house within the government and isn't contracted out. When you contract it out then the opportunity arises.

Mr. Speaker, these are things that can be done, I'm glad to see this legislation coming forward, I'm glad to see the Tory government finally agreeing with us. I will note for the record that the minister's comments that there is a whistle-blower protection in the Civil Service Act is not correct. I would suggest to you that the regulations that were passed about a year ago, a year and a half ago in regard to whistle-blower, do not provide any protection for civil servants. Frankly, they only require them to basically have to report their problems higher up and God knows what will happen after that happens. I would suggest to you that this legislation is the

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first step, it's a good step, the NDP has asked for this for two years, we're glad to see this legislation coming forward, we're glad to see it go to the Law Amendments Committee and we're hopeful we can get it passed in this session. Thank you.

MR. SPEAKER: The honourable member for Cape Breton South.

MR. MANNING MACDONALD: Mr. Speaker, on behalf of our Leader and our Justice Critic, I stand in my place this evening and say that we too will be supporting Bill No. 19 as it moves through the House. I want to commend the minister for bringing this bill forward this evening. I believe that it's an important protection for Nova Scotians and I think all Parties in this House realize that this is a bill, as the NDP House Leader states, that may be able to be improved on over time. Certainly it's a first step to have it here and hopefully it will meet with a smooth passage throughout the Law Amendments Committee and on to third reading. Thank you.

MR. SPEAKER: If I recognize the honourable minister it will be to close the debate.

The honourable Minister of Justice.

HON. MURRAY SCOTT: Mr. Speaker, I'd like to thank the Leader of the Opposition and also the House Leader for the Liberal Party for their support of this government bill. We can stand in the House and we can all take credit for good things that have happened here. This is an initiative of government and over the next coming weeks there's going to be a pattern formed here that this government is intent on increasing the penalties and supporting the laws in this province, bringing new legislation such as this, that will make our province as safe as we possible can, and that's what Nova Scotians want.

Mr. Speaker, this is a good bill that goes a long way to doing that and with that I move to close debate on second reading of Bill No. 19.

MR. SPEAKER: The motion is for second reading of Bill No. 19. Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

Ordered that this bill be referred to the Committee on Law Amendments.

(See: Nova Scotia introduces amendments to thwart USA Patriot Act, Bill 16: The Personal Information International Disclosure Protection Act (Nova Scotia), Nova Scotia's Personal Information International Disclosure Protection Act to die on the order paper.)

Labels: bc, law enforcement, nova scotia, outsourcing, patriot act, piidpa, privacy, public sector

Nova Scotia's proposed Personal Information International Disclosure Protection Act is set to die on the order paper as the new Premier is expected to ask the Lieutenant Governor of Nova Scotia to disband the legislature and call an election for June 13.

For coverage of the imminent election call, see: The ChronicleHerald.ca: Premier poised for June vote: Election announcement "matter of hours now,’ Tory source says

For more on Bill 16, see The Canadian Privacy Law Blog: Bill 16: The Personal Information International Disclosure Protection Act (Nova Scotia) and The Canadian Privacy Law Blog: Nova Scotia introduces amendments to thwart USA Patriot Act.

Privacy Personal Information Nova Scotia Public Bodies Legislation USA Patriot Act Patriot Act FOIPOP

Labels: information breaches, nova scotia, outsourcing, patriot act, piidpa, public sector

Bill 16, the proposed Personal Information International Disclosure Protection Act (Nova Scotia) was introduced in the Nova Scotia legislature last week, but the full text hasn't appeared yet on the legislature's website. For those who are too impatient to wait, here is a pdf copy of Bill 16: http://www.privacylawyer.ca/Bill_16_PIIDPA.pdf. I tried to OCR it for posting the text, but the quality of the fax isn't that great.

Update (20060508): The text of the bill is now online at the official Nova Scotia government legislature site here.

Privacy Personal Information Nova Scotia Public Bodies Legislation USA Patriot Act Patriot Act FOIPOP

Labels: information breaches, nova scotia, outsourcing, patriot act, piidpa, public sector

Yesterday, in the second day of the spring sitting of the provincial legislature, Nova Scotia's Justice Minister, Murray Scott, tabled Bill No. 16 - Entitled an Act to Protect the Personal Information of Nova Scotians from Disclosure Outside Canada. (Hon. Murray Scott), (the full text is not yet available online). It will amend the Freedom of Information and Protection of Privacy Act to address the perceived threat to privacy posed by the USA Patriot Act if the processing or storage of personal information is outsourced by Nova Scotia public bodies to companies operating in the US (or US companies operating in Canada).

The appearance of the bill was foreshadowed by consultations among public bodies and IT service providers (see: The Canadian Privacy Law Blog: Nova Scotia consultations on Patriot Act amendments to FOIPOP).

Here's the press release from the Nova Scotia government:

News Release: Department of Justice:

"New Legislation to Protect Privacy

Department of Justice

May 5, 2006 11:15

New provincial legislation will better ensure that Nova Scotians' personal information is not disclosed under the U.S. Patriot Act.

The new Personal Information International Disclosure Protection Act outlines a series of requirements and penalties that protect personal information from inappropriate disclosure.

"We know that American security legislation has led to concerns about the ability to access personal information of Nova Scotians held outside Canada," said Murray Scott, Minister of Justice. "This legislation clearly outlines the responsibilities of public bodies, municipalities and technology service providers, and the consequences if they are not fulfilled."

The act provides protection regarding storage, disclosure and access to personal information outside of Canada in the custody or under the control of a public body or municipality.

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.

"In order for these measures to be successful, staff must be sure they will be protected if they come forward to report wrongdoing under this act," said Mr. Scott.

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.

"We are putting in place serious and significant penalties to protect the privacy of Nova Scotians," said Mr. Scott.

The minister also announced that the Wills Act is being amended. Updates will bring it more in line with other Canadian jurisdictions. The amendments respond to recommendations of the Law Reform Commission and will make it easier for people to ensure their final wishes are fulfilled by clarifying the effect divorces have on wills and the distribution of property in Nova Scotia under wills made outside the province. It will also permit handwritten wills.

The province is also introducing a number of housekeeping amendments under the Justice Administration Act.

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FOR BROADCAST USE:

Justice Minister Murray Scott has introduced new provincial legislation that will help ensure Nova Scotians' personal information is not at risk from activities under the U.S. Patriot Act.

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 or municipality.

-30-

I'll definitely have more to say about this once I've had a chance to review Bill 16 in some detail.

Privacy Personal+Information Nova+Scotia Public+Bodies Legislation USA+Patriot+Act Patriot+Act FOIPOP

Labels: information breaches, nova scotia, outsourcing, patriot act, piidpa, public sector

The Nova Scotia Department of Justice is hosting an information gathering and consulation session about potential amendments to the Nova Scotia Freedom of Information and Protection of Privacy Act to address concerns raised by the USA Patriot Act. The session is open to companies that operate in the ICT sector in Nova Scotia and provide services to public bodies.

Passed by the United States Congress in the wake of the terrorist attacks of September 11, 2001, the USA Patriot Act significantly expands law enforcement and intelligence access to personal information. The Act requires companies to provide certain information to law enforcement upon request – in some cases without a warrant or court order – and prohibits the company from telling anyone that the information was requested.

Though this is a US law, these powers would apply to information about Canadians that is being processed in the United States and likely applies to information about Canadians being processed by US companies in Canada.

The British Columbia government has amended its public sector privacy law and the government of Nova Scotia is contemplating doing the same. Amendments to Nova Scotia’s privacy law would affect companies that provide services to Nova Scotia public bodies, including the government, municipalities, hospitals, universities and colleges.

All affected companies are invited to an information session with the Nova Scotia Department of Justice on Friday, March 31, 2006 at 2:00 p.m. in the Commonwealth B Room at the Westin Hotel in Halifax. To expedite arrangements for seating and refreshments, please RSVP by e-mailing Ms. Dominika Thompson at thompsdd@gov.ns.ca, or by phoning 424-5585 before Tuesday, March 28, 2006.

Note: Updated 20060323 to clarify the intended audience and invitees of the session.

Privacy Privacy Law Nova Scotia Patriot Act USA Patriot Act

Labels: bc, british columbia, information breaches, nova scotia, outsourcing, patriot act, piidpa, public sector

The Nova Scotia Auditor General released his report for 2005 in December. The fourth chapter is entitled Electronic Information Security and Privacy Protection.

In his report, he reviews the privacy and information security practices of a number of departments, including Justice and Community Services. He also touches upon the USA Patriot Act and its possible impact on the personal information of Nova Scotians. Data processing and information storage services for the province are provided by wholly-owned subsidiaries of American companies, which are undoubtedly subject to American laws. The province has carried out a study of the situation, but refused to provide it to the Auditor General, citing solicitor-client and cabinet privilege. In an interview by the Canadian Press, the provincial Minister of Justice hinted that Nova Scotia will be introducing a law in the spring sitting of the Legislature to mirror that passed by British Columbia to better protect personal information from being disclosed to foreign law enforcement.

Read the CP article here: N.S. auditor concerned citizens information could be leaked to U.S. agencies - Yahoo! News.

Technorati tags: privacy :: Patriot Act :: Nova Scotia :: privacy law.

Labels: bc, british columbia, information breaches, nova scotia, outsourcing, patriot act, piidpa, public sector