FOIPOP – Understanding Privacy Laws

Fall River (D2N) – A number of questions are being asked regarding the matter of Privacy Laws, and how the laws might pertain to the LWF Ratepayers Association (LWFRA) and to the program the Area Rate Tax dollars fund, the Windsor Junction Community Centre (WJCC).

Nancy Dempsey is the FOIPOP (Freedom of Information and Protection of Privacy Act) coordinator for the HRM and she was able to provide information on the matter of Privacy, including what information can and what information cannot be disclosed when it involves a program funded through area rate tax dollars.

Privacy Laws have restrictions, including on information about the salary of an employee of a program which is funded through area rate tax dollars.

• Information cannot be given out about an individual and what their personal salary or payroll is. For example, the HRM cannot release information about Joe Smith’s salary where he is employed, even if his salary is funded by an area rate.
• Information can be given out by the HRM regarding various positions and what the various positions pay at a program funded through area rate money, if the HRM has the information available. All details and information should be recorded, but it might differ for different information – some information might be held by the Financial Dept. of the HRM, and some might be held by the Board of the program funded through area rate dollars.

Examples of information which can be released would be: the salary for lifeguard positions – xxxx dollars for three months salary for 29 lifeguards; information showing what a managerial position or a director position pays can also be released according to the FOIPOP coordinator. Regarding payroll, specific personal information of individuals cannot be released. To do so would be a breach of that individual’s privacy. Only information about positions can be released.

Detailed breakdowns of Line Items on things such as Building Expenditures or Yard Maintenance can be released, however each request is assessed individually. The information should be available, but there may be stipulations. Information will not be released if releasing that information might impair a company’s or an individuals ability to remain competitive in it’s market in the future.

Regarding a more detailed breakdown of information provided about Line Items listed by the HRM on the budget breakdown of the area rate dollars, some information can be released without any delays, however there is some information which cannot ever be released, or that cannot be released unless the interested person(s) fills out a form and sends it along with $5 and an explanation of the detailed information they are requesting.

Persons who want to request a breakdown of the Line Items listed by the LWFRA for expenditures, or who want a breakdown of the information in the paperwork the HRM supplied to the LWFRA Board with the expenditures of the area rate dollars (available at the Dec. 6 meeting), or for any other detailed information, must fill out the form attached to the link provided below and submit it to the address listed, to Nancy Dempsey, the FOIPOP coordinator of the HRM.
http://www.halifax.ca/irm/documents/Form1AccessToInformationApplication.pdf

According to the Dempsey, complete confidentiality is assured. Persons applying to have detailed information released to them will not be identified. Names or information about individuals who request a detailed breakdown of the Line Items provided by the HRM on the HRM budget breakdown of Area Rate Tax monies given to an area rate funded program, will not be given out or made public – giving out the name(s) of an individual(s) who requests detailed information via the written form would breach the Privacy of that individual(s).