Nova Scotia Information and Privacy Commissioner Releases Investigation Report on Former Cabinet Minister’s Personal Information Disclosure - February 11, 2016

Sep 16, 2026

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A Nova Scotia investigation report released February 11, 2016 concludes the Office of the Premier violated provincial privacy law when a former Chief of Staff publicly disclosed a former cabinet minister’s personal information without authorization under FOIPOP. The Commissioner highlights that the disclosed details included highly sensitive personal health information and were more specific than necessary. The report identifies privacy control shortcomings, including lack of privacy training and unawareness of the privacy lead, and issues six recommendations, led by appointing a Chief Privacy Officer.

LanguageEnglish

CategoryLetters

FormatPDF

Pages6

Reading Time2 min

AccessFree to download

Investigation findings

Breach details and unauthorized disclosure

Privacy control shortcomings

Recommendations and executive leadership

News Release NEWS RELEASE For Immediate Release February 11, 2016 N.S. Information and Privacy Commissioner releases investigation report about disclosure of former cabinet minister’s personal information HALIFAX – In an investigation report released today, Catherine Tully, Nova Scotia’s Information and Privacy Commissioner finds that the Office of the Premier was in violation of Nova Scotia’s privacy law when the former Chief of Staff publicly disclosed personal information of a former cabinet minister. The report recommends changes that will strengthen and modernize the Office of the Premier’s privacy controls. The investigation focused on statements made by Kirby McVicar while acting as the Premier’s Chief of Staff. Speaking to the media on November 23, 2015, Mr. McVicar disclosed personal information of former cabinet minister Andrew Younger without authorization under the FOIPOP Act. Mr. McVicar was attempting to explain his comments captured on a secret audio recording. The Commissioner finds that the intense scrutiny around the comments created a public interest in the Premier’s Office providing an explanation for Mr. McVicar’s comments on the recording. “I am satisfied that there was a public interest at stake,” Tully said. “However, the actual personal information disclosed was highly sensitive personal health information. In my view, providing specific medical diagnoses was more information than was strictly necessary in the circumstances. As a result I find that the disclosure of the personal information was not authorized under FOIPOP.” “Personal health information, particularly mental health information, is among the most sensitive personal information,” said Tully. “As a society our privacy laws reflect our understanding of the sensitivity of this type of information. There are strict rules governing its disclosure by public bodies. It will be a rare circumstance when disclosure of sensitive medical information to the media is authorized under our privacy laws.” The investigation revealed shortcomings in the Office of the Premier’s privacy controls. The evidence established that political staff in the Office of the Premier had received no privacy training, had not read the privacy policy and were unaware of who the privacy lead in the office was. Tully concludes these shortcomings, combined with the public pressure to be accountable for the decisions of the office, were the cause of the breach. Tully makes six recommendations in the report. Key among them was the appointment of a Chief Privacy Officer. “Modern privacy controls begin with strong leadership. Appointing a Chief Privacy Officer who occupies an executive-level position provides that leadership,” said Tully. “Having a Chief Privacy Officer at a sufficiently influential level in an organization sends the message that privacy is important and is an essential consideration in all decisions involving personal information.” During the investigation government officials advised that work is already underway to modernize and improve many aspects of the government’s privacy controls including many of the areas identified in this report. What began as an error in judgement by one individual presents a compelling opportunity for the government to update its privacy management. This is especially important given the recent exponential growth in our abilities to collect, use, disclose and store personal information. “Privacy won’t happen by accident: it needs strong executive leadership and clear policies,” said Tully. “Implementing the recommendations contained in this report will ensure that the government establishes the foundation for strong, modern privacy controls.” Media contact: Robert Bay Investigator Office of the Information and Privacy Commissioner for Nova Scotia 902-424-4684 [oipcns@novascotia.ca](oipcns@novascotia.ca) [Twitter: @NSInfoPrivacy](Twitter: @NSInfoPrivacy) BACKGROUNDER February 11, 2016 Abo

FAQs

What did the Commissioner find in the investigation?

The Commissioner found the Office of the Premier violated Nova Scotia’s privacy law when a former Chief of Staff publicly disclosed a former cabinet minister’s personal information without authorization under FOIPOP.

Why was the disclosure considered unauthorized?

The report states the disclosed personal information was highly sensitive personal health information, including medical diagnoses, which the Commissioner viewed as more than what was strictly necessary under the circumstances.

What does the report recommend to strengthen privacy controls?

The report includes six recommendations, with key emphasis on appointing a Chief Privacy Officer at an executive level to provide strong leadership and ensure privacy is considered in decisions involving personal information.

Sep 16, 2026

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