Report Recommends Changes in Freedom/Privacy Act

An advisory committee has presented 47 recommendations to Justice Minister Michael Baker for improvements to the Freedom of Information and Protection of Privacy Act in Nova Scotia.

In its final report, the advisory committee recommends that the application fee remain at $25, but says that applicants should get two hours of free processing time (a saving of $60). It also recommends elimination of the review fee (a saving of $25).

The committee, chaired by Peter O'Brien, submitted its report to Justice Minister Michael Baker five months ahead of schedule.

"I want to thank the advisory committee members for their thorough exploration of information and privacy issues," said Mr. Baker. "As a general comment, I find the recommendations to be balanced and reasonable. We will have a more detailed response within two to three months. I also want to thank those Nova Scotians who shared their views during the public consultation."

"We have sought to make recommendations that will make the freedom of information process more accessible and affordable," said Mr. O'Brien. "I'm very happy with the thoughtful representations that came forward from the public."

Mr. Baker added that one of the recommendations is already being implemented.

"Departments, agencies, boards and commissions are now finalizing policies to help people get routine information without going through the more formal freedom of information process," he said. "Departments have either started or will soon be posting their routine access policies on their Web sites, so the public will know what kind of information is available."

Among the committee's other recommendations:

• government administrators be allowed to refrain from processing an application if it is repetitious or incomprehensible;
• the review officer's role be strengthened and clarified;
• appointment of an independent arbitrator to review privacy complaints and of a special committee to review privacy issues;
• more rights for third parties whose interests are affected by a freedom of information application;
• more protection for the rights of parents, guardians, and families of deceased individuals;
• a legislated requirement for the Minister of Justice to report annually on the act to the legislature.

Other members of the advisory committee included public affairs consultant Jim Meek, journalist Keith Corcoran of the Bridgewater Bulletin, Susan Potts, senior Crown attorney with the Public Prosecution Service and Bill Wilson, executive director of legal services, Department of Justice.

The committee held two days of public hearings and received 25 written or verbal submissions from organizations and individuals.

The complete report is available on the Web site at www.gov.ns.ca/just/foi/advcm.htm .