Nova Scotia cabinet tightens confidentiality rules for political hires
The Nova Scotia cabinet has quietly changed the wording of contracts that political staff have to sign, making any confidentiality breaches punishable by immediate termination.
The new language also makes the need for confidentiality more explicit. In the previous version of the contract, confidentiality merited a single paragraph but the new provisions are a page-and-a-half long.
The move comes almost a year after Premier Stephen McNeil's former chief of staff, Kirby McVicar, resigned amid accusations he broke privacy laws by making public the medical information of former Liberal cabinet minister Andrew Younger.
Defines 'non-public information'
Political staff include constituency assistants, executive assistants to ministers and caucus employees.
The new contract spells out what is considered confidential information. It is defined as "non-public information" that is:
- marked "confidential" or with a similar legend
- is identified as confidential at the time it is disclosed
- "personal information" as defined by the Freedom of Information and Protection of Privacy Act
- would be recognized as confidential by a reasonable person considering the nature of the information and the circumstances of disclosure
Employees are explicitly told to "keep all confidential information strictly confidential" and barred from releasing that information in any way without prior written permission, "unless the employee is required to do so by applicable law or in response to an order of a court of competent jurisdiction."
The changes come after recommendations made by the Information and Privacy Commissioner earlier this year.
Just cause for termination
New contract employees will also be obliged to immediately report any privacy breach, if they become aware of one.
A breach of confidentiality is now considered just cause for termination "without notice or compensation."
The contract template also states that those who are hired remain bound by their promise to keep material confidential after the contract expires or is terminated.
The old agreement wording allowed for the province to terminate a contract "at any time for any reason." That termination was subject to a severance equivalent to one month's salary for every year of service. This is no longer the case.
As long as the province provides 30 days notice, there is no penalty for ending a contract.
The new contract will take effect Nov. 1, 2016. Employees who are currently working under a personal services contract will continue to be bound by their current agreements, but will have to sign onto the new rules when it comes time to renew their contracts.
