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Nova Scotias New Privacy Legislation to Counter U.S. Patriot Act
On November 15, 2006, Nova Scotia proclaimed its new Personal Information International Disclosure Protection Act (the “Act”). The Act came into effect for the Nova Scotia government and other public bodies on its Proclamation Date; for municipalities, the Act will come into effect on the first anniversary of its proclamation.
The main purpose of the Act is to ensure that the personal information of Nova Scotians is not disclosed pursuant to demands made under the United States Patriot Act. The Act provides that the Minister of Justice must be notified if there is a foreign demand for disclosure of any personal information in the custody of, or under the control of, a Nova Scotia public body.
In addition to improper storage, collection, use, or disclosure of personal information, failure to notify the Minister of Justice of foreign disclosure demands is also an offence under the Act. Penalties for offences can be up to $2,000 per employee, and $500,000 for companies. The Act also extends whistleblower protection to employees of external service providers; government employees who act as whistleblowers are protected under the existing Civil Service Act.
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