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extended to them under the Access toInformation Acts, before doing business withpublic bodies in any of the AtlanticProvinces.What’s on the HorizonNova Scotia’s Access to Information Act(Freedom of Information and Protection ofPrivacy Act) is approaching its 40 th birthday.It has been noted by some groups that thelegislation is overdue for an extensivemodernization. Newly-elected PremierStephen McNeil promised, as part of hiselection platform, to review access toinformation laws with the aim of makingNova Scotia “the most open and transparentprovince in Canada.” Whether thelegislation receives such a review andcorresponding legislative updates remainsto be seen.Newfoundland and Labrador’s Access toInformation Act is in the initial stages of areview. The Review Committee hasrequested that individuals or organizationswho are interested in making submissionsto the Review Committee express theirinterest in doing so. The Review Committeeplans to assess the level and type ofinterest and then develop its policies andprocedures for the receipt of submissions.Ultimately, the Review Committee willsubmit a report to the provincial governmentin respect of its findings andrecommendations.PROVINCIAL CONSIDERATIONSNewfoundland and LabradorIn Newfoundland and Labrador, the PrivacyAct allows an individual to commence alegal action when that individual’s privacyhas been violated. The legislation providesexamples of actions that, without theconsent of the individual, will be presumedto be a violation of privacy: auditory andvisual surveillance; listening to or recordingof a conversation; the use of the name,likeness or voice of an individual for thepurposes of advertising or promotion ofsales; and the use of personal documents ofthe individual.The Privacy Act outlines several defencesto an action for invasion of privacy inclusiveof: consent; an action incidental to theexercise of a lawful right of defence ofperson or property; and an actionauthorized by law. Of note is that the natureand degree of privacy in any situation is thatwhich is reasonable in the circumstances,with regard to the lawful interests of others,the nature, incidence, and occasion of theact or conduct, and the relationship betweenthe parties.Business owners should be aware of theactions that constitute violations of personalprivacy and furthermore mitigate theseintrusions through consent, especially in thecontext of employee relations and with theuse of personalities for advertisingpurposes.Nova ScotiaNova Scotia’s Personal InformationInternational Disclosure Act (“PIIDA”) booststhe privacy protections offered by otherprovincial legislation, including its Freedomof Information and Protection of Privacy Act(“FOIPOP”).Privacy Law 88