Law / Canada / Nova Scotia
Personal Information International Disclosure Protection Act, foreign demands for disclosure and employee protection
S.N.S. 2006, c. 3, ss. 2(1)(d), 6-7
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://nslegislature.ca/sites/default/files/legc/statutes/persinfo.htmIn force since .
A cross border transfer rule binding public and private bodies.
- Obligation class
- Reporting, Governance
As of .
What it requires
- If you are a public body, an employee of a public body, or an employee or associate of a service provider, immediately notify the Minister if you receive a foreign demand for disclosure, receive a request you know or suspect is made to respond to one, or have reason to suspect that an unauthorized disclosure has occurred in response to one (s. 6(1)).
- In the notice, state, as known or suspected, the nature of the foreign demand, who made it, when it was received and what information was sought or disclosed (s. 6(2)).
- If you are a service provider or an associate of one, do not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny the employee a benefit, because the employee in good faith and on a reasonable belief notified the Minister under section 6 or disclosed a contravention of the Act (s. 7).
These lines are LexLint's reading of the law's text, as of .
What this law does
A foreign demand for disclosure is a subpoena, warrant, order, demand or request from a foreign court, an agency of a foreign state or another authority outside Canada for the unauthorized disclosure of personal information to which the Act applies.
A public body, an employee of a public body, or an employee or associate of a service provider that receives a foreign demand for disclosure, or has reason to suspect that an unauthorized disclosure has occurred in response to one, must immediately notify the Minister. The notice must include, as known or suspected, the nature of the foreign demand, who made it, when it was received and what information was sought or disclosed.
An employer that is a service provider or an associate of a service provider must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny the employee a benefit, because the employee in good faith and on a reasonable belief notified the Minister under section 6. The Act came into force on .
When LexLint raises it
When your app profile says your app crawls the web, trains models, generates content with AI, deploys a chatbot, makes high-risk automated decisions, processes voice recordings, processes biometric data, operates a social platform, serves under-18s, operates an app store, ships a mobile app or reuses other publishers' content.