The Information and Privacy Commissioner, Phil Wall, has released his Reports 2006-007, 2006-008, 2006-009 under authority of the Access to Information and Protection of Privacy Act. A summary of the report is included below.

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

• Report 2006-007
  Report Date: May 9, 2006
  Public Body: Department of Government Services
  Summary: The Applicant applied to the Department of Government Services (the "Department") for access to electrical permits and related information regarding a cabin and shed owned by another individual. The Department provided access to some, but not all of the information requested. Efforts to resolve this matter informally were not successful, and the Applicant requested that the Commissioner review this matter. The Applicant was of the opinion that the information must be in the custody of the Department. The Commissioner observed that the Department had conducted a reasonable search, and accepted the Department�s position that the records containing the remainder of the information could not be found. The Commissioner also noted that if the Applicant has issues in relation to the validity or correctness of certain electrical permits, this is a matter for enforcement by the Department or other agencies as appropriate, not a matter to be pursued under the Access to Information and Protection of Privacy Act (the "ATIPPA"). The Commissioner issued two recommendations. The first is in relation to the Department�s failure to respond to the Applicant within the 30 day time limit as prescribed by section 11 of the ATIPPA, and its corresponding deficiency in exercising the duty to assist under section 9. The second recommendation calls for the Department to update its records management practices, including the development of a schedule within appropriate legislative and regulatory guidelines for the retention and disposal of records.
   
• Report 2006-008
  Report Date: May 9, 2006
  Public Body: Department of Government Services
  Summary: The Applicant applied to the Department of Government Services (the "Department") for access to electrical permits and related information regarding a cabin owned by another individual. The Department provided access to some, but not all of the information requested. Efforts to resolve this matter informally were not successful, and the Applicant requested that the Commissioner review this matter. The Applicant was of the opinion that the information must be in the custody of the Department. The Commissioner observed that the Department had conducted a reasonable search, and accepted the Department�s position that the records containing the remainder of the information could not be found. The Commissioner also noted that if the Applicant has issues in relation to the validity or correctness of certain electrical permits, this is a matter for enforcement by the Department or other agencies as appropriate, not a matter to be pursued under the Access to Information and Protection of Privacy Act (the "ATIPPA"). The Commissioner issued two recommendations. The first is in relation to the Department�s failure to respond to the Applicant within the 30 day time limit as prescribed by section 11 of the ATIPPA, and its corresponding deficiency in exercising the duty to assist under section 9. The second recommendation calls for the Department to update its records management practices, including the development of a schedule within appropriate legislative and regulatory guidelines for the retention and disposal of records.
   
• Report 2006-009
  Report Date: May 9, 2006
  Public Body: Department of Government Services
  Summary: The Applicant applied to the Department of Government Services (the "Department") for access to an electrical permit and related information regarding a building owned by another individual. The Department advised the Applicant that no such record exists. Efforts to resolve this matter informally were not successful, and the Applicant requested that the Commissioner review this matter. The Applicant was of the opinion that the permit and related information must be in the custody of the Department, but gave no evidence of this other than that he had recently seen lights on in the building. The Commissioner observed that the Department had in fact determined that no permit had been granted to the individual, and the Department had therefore taken the significant step of ordering the property owner to disconnect the power to the building. The Commissioner found that this was acceptable evidence to support the Department�s position that no electrical permit exists for that building. The Commissioner also indicated that if the Applicant has recently seen lights on in the building in question, this is a matter for enforcement by the Department or other agencies as appropriate, not an issue to be pursued under the Access to Information and Protection of Privacy Act (the "ATIPPA"). The Commissioner issued one recommendation in relation to the Department�s failure to respond to the Applicant within the 30 day time limit as prescribed by Section 11 of the ATIPPA.

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

2006 05 16                              9:55 a.m.