October 26, 2006
Personal Information International Disclosure Protection Act set to come into force in Nova Scotia
On July 14, 2006, the Legislature of Nova Scotia passed the Personal Information International Disclosure Protection Act (the Act), setting out requirements and procedures intended to protect against the inappropriate disclosure of personal information of Nova Scotians by public bodies (including municipalities) and service providers. The Act is now law but, as of this writing, has yet to be proclaimed in force.
Subject to certain exceptions, a public body must ensure that personal information in its custody or under its control is stored and accessed only in Canada. The Act provides that any disclosure of personal information outside of Canada by public bodies must be in compliance with the Act or otherwise authorized. In providing storage, access or disclosure of personal information outside Canada, service providers may only collect and use personal information that is necessary to fulfill its obligations as a service provider. The primary intent of the Act is to protect personal information of Nova Scotians from disclosure under the USA Patriot Act.
The Act also provides "whistle-blower" protection to employees of service providers who report offenses of their employers. Employees of public bodies are protected for "whistle-blowing" by existing legislation.
Penalties for contravention of the Act include fines that range from $2,000 to $500,000 and may include imprisonment for up to six months.
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