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