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NLIS 5
April 25, 2006
(Office of the Information and Privacy Commissioner)
 

The Information and Privacy Commissioner, Phil Wall, has released his Report 2006-005 under authority of the Access to Information and Protection of Privacy Act. A summary of the report is included below.

To view the report in its entirety, please go to //www.oipc.gov.nl.ca/

Report 2006-005
Report Date: April 13, 2006
Public Body: Department of Health and Community Services

Summary:

The applicant applied under the Access to Information and Protection of Privacy Act (the "ATIPPA") for access to records in the custody of the Department of Health and Community Services (the "department"). The department determined that releasing the requested information had the potential to affect the business interests of four third parties as contemplated by section 27 of the ATIPPA. Two of the four third parties consented to the release, but the other two filed objections to the release of portions of the information. The department released to the applicant only that information to which the third parties did not object. The applicant then filed a Request for Review with the Office of the Information and Privacy Commissioner with the intention of gaining access to the withheld information. During informal resolution efforts, one of the two remaining third parties was able to settle with the applicant. The remaining third party forwarded a formal submission to the Commissioner�s Office in which it modified its original position in favour of releasing additional information, but the third party also continued to maintain that certain information should be withheld based on section 27. The third party also identified some additional information in the record which it felt was non-responsive to the request. The commissioner found that neither the remaining third party nor the department had provided a sufficient basis to allow the commissioner to recommend that information be severed on the basis of section 27. The commissioner recommended that all of the information that the third party wished to be withheld under section 27 should be released to the applicant. The commissioner agreed with the third party, however, that the vast majority of the information which it felt was non-responsive to the applicant�s request was indeed non-responsive. The commissioner therefore recommended that most of this information be severed from any material to be disclosed to the applicant.

Media contact: Sandy Hounsell, Executive Director (709) 729-6309

2006 04 25                         11:35 a.m.


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