The Information and Privacy Commissioner, Phil Wall, has released his Report 2007-003 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 2007-003

Report Date: February 15, 2007

Public Body: Memorial University of Newfoundland

Summary: The applicant applied to Memorial University of Newfoundland ("Memorial") under the Access to Information and Protection of Privacy Act (the "ATIPPA") for access to a 1994 report dealing with research integrity. This report was referenced in a television broadcast in early 2006 and is referenced on Memorial�s Web site. Memorial denied access to the entire report claiming that the ATIPPA did not apply, in accordance with section 5(1)(k). Alternatively, Memorial claimed that the entire report should not be released to the applicant under authority of sections 22(1)(a), 22(1)(h), 22(1)(p), 24(1), 27 and 30. The commissioner concluded that section 5(1)(k) did not apply to the report and, as such, the report falls within the scope of the legislation and is subject to review by his office. The commissioner then reviewed each of the exceptions claimed by Memorial and concluded that only section 30 applied. The commissioner did not agree that section 30 applied to the extent submitted by Memorial, but he did accept that some information is captured by the definition of "personal information" in section 2. The commissioner recommended that the report and all associated appendices be disclosed to the applicant, with the exception of specific information determined to be "personal information" and determined not to fall within any of the provisions of section 30(2).

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Media contact:
Sandy Hounsell|
Executive Director
Office of the Information and Privacy Commissioner
709-729-6309

2007 02 21                                                     10:50 a.m.