Office of the Information and Privacy Commissioner
April 11, 2007Report 2007-004
The Information and Privacy Commissioner, Phil Wall,
has released his Report 2007-004 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 |
2007-004 |
| Report Date: |
April 5, 2007 |
| Public Body: |
Eastern Regional
Integrated Health Authority ("Eastern Health") |
| Summary: |
The applicant
applied under the Access to Information and Protection of
Privacy Act (the "ATIPPA") for access to the
incident/occurrence report in relation to the death of a named
individual who was a relative of the applicant and who died at
an institution operated by Eastern Health. Eastern Health
refused to release the report claiming that pursuant to section
6(4)(a) of the ATIPPA it was prohibited from disclosing
the record by section 8.1 of the Evidence Act and section
35 of the Hospitals Act. Eastern Health also claimed that
the responsive record contained personal information and that it
was therefore prohibited from disclosing the record by section
30(1) of the ATIPPA. In addition Eastern Health claimed
that the applicant not being the personal representative of the
named individual could not exercise the rights granted under
section 65(e) of the ATIPPA. The commissioner did not
accept the claim of Eastern Health that it was prohibited from
releasing the record by section 8.1 of the Evidence Act
and section 35 of the Hospitals Act. The commissioner
agreed with Eastern Health that it was prohibited by section
30(1) from disclosing the responsive record because it
constituted personal information and agreed that the applicant
not being the personal representative of the named individual
could not exercise the rights granted by section 65(e). The
commissioner agreed with the decision of Eastern Health to
withhold the responsive record. |
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Media contact:
Sandy Hounsell
Executive Director
Office of the Information and Privacy Commissioner
709-729-6309
2007 04 11
10:05 a.m.
|
