Town of Paradise Responds to Privacy Commissioner Reports

On January 30, 2018, the provincial Privacy Commissioner issued two reports on access to information requests made to the Town of Paradise (Reports A-2018-004 and A-2018-005). In the reports, the Commissioner reviewed the Town’s response to the requests and made subsequent recommendations. The Town has reviewed both reports and accepts the recommendations of the Privacy Commissioner. 

 

With respect to report A-2018-004, as per the recommendation, the Town will revise its Records Retention Policy to address the retention and destruction of election-related records other than ballot boxes and their contents by April 30, 2018.

 

The duties and responsibilities of municipal elections are clearly outlined in the Municipal Elections Act and by the Department of Municipal Affairs and Environment. The retention of election documents is specifically addressed in section 59 of the Act. Unless ordered by a court or a recount is requested, a ballot box is to remain sealed for a period of thirty (30) days after the election and until the termination of any related legal proceedings. When this thirty (30) day period has elapsed, or any legal proceedings that might have been instituted have been finalized, and unless ordered by a court to do otherwise, the ballot boxes must be unsealed and the ballots and other associated material destroyed as authorized by the Returning Officer.

 

The Town of Paradise 2017 Municipal Election was held on September 26, 2017 and as no legal proceedings were initiated within the 30 day period following the election, Town staff destroyed the election materials as required under the Municipal Elections Act. The Town has followed this standard practice for all past municipal elections.  

 

With respect to report A-2018-005, as per the recommendation, the Town will acquire the storage capacity to preserve all video surveillance recordings in compliance with its Video Surveillance Policy and to source the capacity to de-identify persons recorded by its surveillance cameras.

 

The Town uses security cameras in certain public areas for the safety and security of employees, visitors and users of Town facilities. The system was formatted to maintain data for 30 days and then to automatically overwrite data. Unfortunately, the storage capability of the system was such that it reached capacity prior to the 30 day period and therefore would automatically overwrite when it reached capacity. The automatic overwrite feature meant that the requested information was not available. Once the additional storage capacity is in place, the system will be able to maintain recorded data for a period of 30 days as stipulated in the Town’s Video Surveillance Policy. 

 

The Town takes its duties and responsibilities under the Access to Information and Protection of Privacy Act (ATIPPA) very seriously and is committed to ensuring that the required policies and procedures are in place and practiced by staff. Town staff have received training both on the Act and in the management of information requests. Furthermore, as per the Commissioner’s recommendations, Town staff will make a greater effort in the duty to assist role for requests. Every access to information request is handled in accordance with the Act, and processed completely at the staff level, by the Town’s ATIPP coordinator. 

 

The Town of Paradise will continue to follow the Access to Information and Protection of Privacy Act and all other applicable legislation as it works to provide information to residents and responds to access to information request.