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.
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.
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I'll definitely have more to say about this once I've had a chance to review Bill 16 in some detail.
I don't see how this accomplishes anything... unless the real purpose is just to absolve NS Gov't employees and departments from outsourcing to U.S. firms.
ReplyDeleteThe Patriot Act specifically forbids the recipient of a demand from notifying anyone, ever. Including the NS Minister of Justice. So, the information will be disclosed by the U.S. company... they have no choice, and no one in Nova Scotia will ever know it happened.