Archive (Tag: interpretation)
Who Signs for a Child? (updated)
When it comes to obtaining the personal information of a child under the age of 18 years, it is commonly accepted that a child cannot sign for themselves. So, who can sign for that child? The Children’s Law Act, 2020 sections 3 and 4 provides: The parents of a child are joint legal decision-makers with... read more
Absurd Results (updated)
From time to time, when interpreting and applying legislation, one can end up with a result that will be absurd. This can happen from time to time with The Freedom of Information and Protection of Privacy Act (FOIP), The Local Authority Freedom of Information and Protection of Privacy Act (LAFOIP) or The Health Information Protection Act (HIPA). These statutes are to... read more
Confidentiality Clauses in Contracts (updated)
A lot of our work centers around a citizen wanting a contract that a ministry, city, town or municipality has entered into. The public body does not want to release it, for among other reasons, the contract has a confidentiality clause. The Cities Act and The Municipalities Act specifically provides that a citizen can inspect... read more
Collection/Disclosure; A Two-Step Analysis (updated)
When personal information or personal health information (information) is shared by one public body with another, the issue arises as to who has the authority to disclose and who has the authority to collect. Many collections of information happen when you or I visit a public body, apply for a service or benefit and fill... read more