Government of Nova Scotia Government of Nova Scotia Nova Scotia, Canada



Confidential Information / Confidential Business Information

The Freedom of Information and Protection of Privacy Act provides an exemption from disclosure for confidential information (S.21 FOIPOP). In order for this exemption to be applied by the Department, all three components of this exemption must be met:

  1. the information must contain trade secrets of a third party, or commercial, financial, labour relations, scientific or technical information of a third party;
  2. the information is supplied, implicitly or explicitly, in confidence; AND
  3. the disclosure of the information could reasonably be expected to:
    1. harm significantly the competitive position or interfere significantly with the negotiating position of the third party
    2. result in similar information no longer being supplied to the Department when it is in the public interest that similar information continue to be supplied
    3. result in undue financial loss or gain to any person or organization, or
    4. reveal information supplied to, or the report of, an arbitrator, mediator, labour relations officer or other person or body appointed to resolve or inquire into a labour-relations dispute.

While consultation may take place between the third party, to whom the information pertains, and the Department, the disclosure decision is made by the Administrator of the Act.