Loading...
HomeMy WebLinkAboutCD-9-91 . �; ' TOWN OF NEWCASTLE =� REPORT File # , Res. .40). By-Law # 1z - Q MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: APRIL 8, 1991 REPORT #: CD-9-91 FILE #: SUBJECT: RETENTION PERIOD OF PERSONAL INFORMATION UNDER THE MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT, 1989 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-9-91 be received; 2 . THAT the retention period of personal information contained on the dictaphone tapes maintained by the Town of Newcastle Fire Department be set at 60 days, pursuant to Ontario Regulation 517/90, S.5; and 3 . THAT the appropriate by-law be forwarded to Council for passage. BACKGROUND AND COMMENT: Section 30( 1) of the Municipal Freedom of Information and Protection of Privacy Act, 1989, states that an institution must retain personal information that has been used by the institution for the period "prescribed by regulation. " The purpose of a minimum retention period is to ensure that the individual to whom the personal information relates has a reasonable opportunity to obtain access to his or her personal information. Ontario Regulation 517/90, issued in September 1990, states: Continued . . . . . /2 601 Report CD-9-91 - 2 - April 8, 1991 "Personal information that has been used by an institution shall be retained by the institution for the shorter of one year after use or the period set out in a by-law or resolution made by the institution or made by another institution affecting the institution, unless the individual to whom the information relates consents to its earlier disposal . " The definition of personal information contained in the Municipal Freedom of Information and Protection of Privacy Act includes the address, telephone number and, if it appears with other personal information relating to the individual, the name of such individual. Under this definition, the Fire Department collects personal information each time a call is received at the Fire Hall. All calls are recorded on 24-hour dictaphone tapes and, in accordance with Regulation 517/90, all tapes must, therefore, be maintained for one year. If a call results in an investigation, the tape containing the call is taken out of circulation until the investigation is complete. It is, therefore, necessary for a supply of extra tapes to be maintained. The department presently has a two-month supply of tapes, plus five extras . To allow for the one-year retention period to be met, it will be necessary for the department to purchase 325 additional tapes . At a cost of $57. 60 per tape, the acquisition of the required number of tapes will cost the department $18,720 . A 60-day retention period would sufficiently meet the requirements of the Town. It is, therefore, recommended that the retention period for the dictaphone tapes be set at 60 days and the appropriate by-law be passed by Council. Respectfully submitted Recommended for Presentation to Committee r Patti ,L. a rie, A.M.C.T. Lawrence Kotseff, M.C. I .P. o 'Clerk Chief A istrative Officer M. Creighton, Fir Chief 62 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91- being a by-law to authorize the destruction of dictaphone tapes in the Municipality WHEREAS Section 30(1) of the Municipal Freedom of Information and Protection of Privacy Act, 1989, states that an institution must retain personal information that has been retained by the institution for a period "prescribed by regulation"; WHEREAS Ontario Regulation 517/90, S.5, states that personal information that has been used by an institution shall be retained for the shorter of one year after use or the period set out in by-law or resolution made by the institution; WHEREAS the Town of Newcastle Fire Department collects personal information on dictaphone tapes when telephone calls are received at the Fire Hall; and WHEREAS it has been determined that a one-year retention period as specified in Ontario Regulation 517/90 is not necessary for the Fire Department dictaphone tapes; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE ENACTS AS FOLLOWS: 1. THAT the dictaphone tapes of the Town of Newcastle Fire Department shall be erased after 60 days provided they are not required for an investigation; and 2. THAT dictaphone tapes required for an investigation shall be erased following completion of such investigation. By-law read a first and second time this 15th day of April 1991 By-law read a third time and finally passed this 15th day of April 1991 MAYOR CLERK 603