Provincial department asked once again to seek help to handle information requests
Nova Scotia’s acting information and privacy commissioner, Carmen Stuart, has recently recommended that the Department of Opportunities and Social Development in the province should enhance its resources in order to meet its legal obligations under the freedom of information act. This recommendation comes after the department failed to respond to an access request filed on October 3, 2024, citing the “unusual size of the record” as the reason for seeking an extension.
Stuart’s report, issued on Tuesday, highlighted the department’s delay in processing the more than 4,000 pages of records, with an anticipated completion date extending into next year. Despite seeking an extension of 182 days to comply with the request, the department was denied permission by the Office of the Information and Privacy Commissioner on November 29, 2024.
This incident marks the sixth time since August 2023 that the department has failed to respond to applicants within the statutory deadline, prompting Stuart to emphasize the need for senior leadership at the department to ensure they have sufficient resources to fulfill their legal obligations under FOIPOP. This recommendation echoes a similar suggestion made by the previous information and privacy commissioner, Tricia Ralph, on October 23, 2024, which was rejected by the department.
In response to the ongoing challenges faced by the Department of Opportunities and Social Development, the government tabled legislation during the spring sitting of the legislature to amend the Freedom of Information and Protection of Privacy Act. The proposed changes would allow public bodies to refuse applications deemed “trivial, frivolous, or vexatious,” a move that was criticized by Ralph before the PC government backed off amidst public outcry.
Meanwhile, the Justice Department initiated a review of Nova Scotia’s access to information legislation in September 2023, with a report expected to be released this spring. Justice Minister Becky Druhan has acknowledged that the review is ongoing, although there is no set timeline for its completion.
In response to these developments, the Department of Opportunities and Social Development emphasized the challenges they face in handling a large volume of personal and general FOIPOP applications, some of which span decades and involve thousands of pages of records. The department assured that work is underway to review the 4,000+ page file in question, with a commitment to improving response times and addressing requests promptly.
Overall, the recommendations put forth by the acting information and privacy commissioner highlight the importance of ensuring that public bodies have the necessary resources to meet their legal obligations under FOIPOP. As the government continues to navigate these challenges and review existing legislation, it is crucial to prioritize transparency and accountability in serving the public interest.
