Nova Scotia's information and privacy laws are still outdated and in need of overhaul: report

A report released Wednesday says Nova Scotia’s freedom of information and protection of privacy laws are still out of date and in need of an overhaul.

Information and Privacy Commissioner Tricia Ralph said in the report that her department, which oversees resolving formal requests from the public for information from government, needs more staff and stronger laws to do its job effectively.

Nova Scotia’s Freedom of Information and Protection of Privacy Act has not been substantively updated since it was created 30 years ago — in 1993. Ralph's new annual report said the laws need a complete overhaul, just as a previous report said in 2022.

“Nova Scotia’s laws are not up to the task of responding to the significant digital advances that have been made,” Ralph said. 

Access to information requests help citizens understand government decision-making, the office of the Information and Privacy Commissioner said in a statement, and give “the public a means to hold their governments accountable.”

When governments deny those formal information requests, applicants can ask the office to review that decision and make a judgment on if the denial is legal. Ralph said that due to a “persistent backlog,” some applicants are waiting more than four years for a review to begin.

“In order to effectively participate in democracy, Nova Scotians need timely access to information about their governments,” Ralph said.

“Waiting more than four years for independent review of governments’ decisions to refuse access to information is simply too long.”

Ralph said that her office has asked for additional staff to work through the backlog, and the request was rejected again this year. The commissioner cautioned that without increased staffing, the backlog will likely continue to grow.

A spokesperson for the provincial Department of Justice said in an email Wednesday evening that government recognizes that the Freedom of Information and Protection of Privacy Act needs updating.

Peter McLaughlin said that an internal committee with staff from the Justice Department, Service Nova Scotia-Internal Services and Cyber Security and Digital Services will develop a plan for reviewing the legislation. No timelines for this work was provided.

In regards to staffing, McLaughlin said that government continues to “extend funding for the three term positions to help strengthen the office’s operational capabilities and to assist them with addressing any backlogs.”

“The province is always open to considering requests for additional resources, provided there is a strong business case, while making sure it fits in the context of other provincial spending priorities.”

Ralph's 2022 report highlights the fact that Premier Tim Houston gave the justice minister a mandate to amend the act just over a year ago. Since then, the Progressive Conservative government has said changes will take some time because the act must first undergo a jurisdictional review.

With files from Stephanie Tsicos and The Canadian Press.

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