The Freedom of Information and Protection of Privacy Act, commonly known as FOIPOP, (the Act) is the public sector privacy law and access to information law for the Province of Nova Scotia.
The Act is generally considered to be in two parts: the first dealing with access to records in the custody or control of public bodies and the second dealing with the regulation of the collection, use and disclosure of personal information by those public bodies. It applies to provincially regulated public bodies in the province of Nova Scotia. "Public body" is defined in section 3(1)(j) of the Act, and generally means provincial government departments, agencies, boards, commissions, some crown corporations, public universities, school boards, and hospitals. It also specifically includes those organizations listed in the Schedule to the Act.
FOIPOP is administered by the Review Officer appointed under section 33 of the Act. The Review Officers serves as an ombudsman, reviewing complaints brought by individuals seeking access to records held by public bodies. The Review Officer does not have specific order-making powers and the powers of that office are limited with respect to privacy complaints. Complaints can be taken to the Supreme Court of Nova Scotia after having been dealt with by the Review Officer.
Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years Access to Information Act has also been used. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws, governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.
The role of information commissioner differs from nation to nation. Most commonly it is a title given to a government regulator in the fields of freedom of information and the protection of personal data in the widest sense. The office often functions as a specialist ombudsman service.
The Constitution Act, 1867, originally enacted as the British North America Act, 1867, is a major part of the Constitution of Canada. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this Act, were renamed. Although, the Acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.
Proposition 59 was an amendment of the Constitution of California that introduced freedom of information or "sunshine" provisions. It was proposed by the California Legislature and overwhelmingly approved by the voters in an initiative held as part of the November 2004 elections.
The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.
The Personal Information Protection and Electronic Documents Act is a Canadian law relating to data privacy. It governs how private sector organizations collect, use and disclose personal information in the course of commercial business. In addition, the Act contains various provisions to facilitate the use of electronic documents. PIPEDA became law on 13 April 2000 to promote consumer trust in electronic commerce. The act was also intended to reassure the European Union that the Canadian privacy law was adequate to protect the personal information of European citizens. In accordance with section 29 of PIPEDA, Part I of the Act must be reviewed by Parliament every five years. The first Parliamentary review occurred in 2007.
Law enforcement in Canada is the responsibility of police services, special constabularies, and civil law enforcement agencies, which are operated by every level of government, some private and public corporations, and First Nations. In contrast to the United States or Mexico and with the exception of the Unité permanente anticorruption in Quebec and the Organized Crime Agency of British Columbia, there are no organizations dedicated exclusively to the investigation of criminal activity in Canada. Criminal investigations are instead conducted by police services, which maintain specialized criminal investigation units in addition to their community safety and emergency response mandates.
The Information and Privacy Commissioner of Ontario was established as an officer of the Legislature by Ontario's Freedom of Information and Protection of Privacy Act, which came into effect on January 1, 1988. The current commissioner is Patricia Kosseim.
The Nova Scotia Society for the Prevention of Cruelty is a not-for-profit charitable society organized under the Animal Protection Act of the Canadian province of Nova Scotia. The Society is dedicated to the prevention of cruelty to animals and to the promotion of respect and humane care for animals. Its members are committed to providing humane leadership in animal advocacy, protection, education, and veterinary care.
Manitoba Justice, or the Department of Justice, is the provincial government department responsible for administering the Crown Law justice systems in the province of Manitoba.
The intellectual property rights on photographs are protected in different jurisdictions by the laws governing copyright and moral rights. In some cases photography may be restricted by civil or criminal law. Publishing certain photographs can be restricted by privacy or other laws. Photography can be generally restricted in the interests of public morality and the protection of children.
Canadian privacy law is derived from the common law, statutes of the Parliament of Canada and the various provincial legislatures, and the Canadian Charter of Rights and Freedoms. Perhaps ironically, Canada's legal conceptualization of privacy, along with most modern legal Western conceptions of privacy, can be traced back to Warren and Brandeis’s "The Right to Privacy" published in the Harvard Law Review in 1890, Holvast states "Almost all authors on privacy start the discussion with the famous article 'The Right to Privacy' of Samuel Warren and Louis Brandeis".
The Office of the Ombudsman of Ontario is an independent office of the Legislative Assembly of Ontario in the Canadian province of Ontario.
New Zealand is committed to the Universal Declaration of Human Rights and has ratified the International Covenant on Civil and Political Rights, both of which contain a right to privacy. Privacy law in New Zealand is dealt with by statute and the common law. The Privacy Act 2020 addresses the collection, storage and handling of information. A general right to privacy has otherwise been created in the tort of privacy. Such a right was recognised in Hosking v Runting [2003] 3 NZLR 385, a case that dealt with publication of private facts. In the subsequent case C v Holland [2012] NZHC 2155 the Court recognised a right to privacy in the sense of seclusion or a right to be free from unwanted intrusion. For a useful summary see: court-recognises-intrusion-on-seclusion-privacy-tort-hugh-tomlinson-qc/
The Office of the Australian Information Commissioner (OAIC), known until 2010 as the Office of the Australian Privacy Commissioner is an independent Australian Government agency, acting as the national data protection authority for Australia, established under the Australian Information Commissioner Act 2010, headed by the Australian Information Commissioner.
The Landlord and Tenant Board is an adjudicative tribunal operating in the province of Ontario that provides dispute resolution of landlord and tenant matters under the Residential Tenancies Act, 2006. It is one of the 13 adjudicative tribunals overseen by the Ministry of the Attorney General that make up Tribunals Ontario.
On April 4, 2013, Rehtaeh Parsons, a 17-year-old former Cole Harbour District High School student, attempted suicide by hanging at her home in Dartmouth, Nova Scotia, Canada, leading to a coma and the decision to switch her life support machine off on April 7, 2013. Her death has been attributed to online distribution of photos of an alleged gang rape that occurred 17 months prior to her suicide, in November 2011. On a Facebook page set up in tribute to her daughter, Parsons' mother blamed the four boys who allegedly raped and released images of her, the subsequent constant "bullying and messaging and harassment", and the failure of the Canadian justice system, for her daughter's decision to commit suicide.
In Canada, carding, officially known in Ontario as the Community Contacts Policy, is an intelligence gathering policy involving the stopping, questioning, and documenting of individuals when no particular offence is being investigated. The interactions take place in public, private or any place police have contact with the public. The information collected is kept on record in the Field Information Report (FIR) database. FIRs include details including the individuals' gender, race, the reason for the interaction, location, and the names of any associates, to build a database for unspecified future use. Officially, individuals are not legally detained, but this distinction is not clear.
The Serious Incident Response Team is the civilian oversight agency in Nova Scotia, Canada responsible for the investigation of incidents resulted in serious injury or death to any person, sexual assault and domestic violence allegations and other significant public interest matters concerning the police. SiRT has jurisdiction over all municipal police officers and Royal Canadian Mounted Police "H" Division officers, and for all complaints whether on- or off-duty related.
The Freedom of Information and Protection of Privacy Act (FIPPA) is an act of the Manitoba Legislature in the Canadian province of Manitoba that is both an access-to-information statute and an information-privacy statute.