The Information and Privacy Commissioner, Phil Wall, has released his Report 2007-007 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: 2007-007
Report Date: June 26, 2007
Public Body: Town of Portugal Cove-St. Philips

Summary: The Applicant applied to the Town of Portugal Cove � St. Philip�s (the "Town") under the Access to Information and Protection of Privacy Act (the "ATIPPA") for access to disclosure statements filed by Councillors and staff in accordance with the Municipalities Act, 1999. Approximately one week after filing his request, the Applicant�s application fee was refunded by the Town. Four days later the Applicant was informed by the Town that his request was being processed as a "routine request." At that time, the Town did not seek written confirmation from the Applicant nor did the Town inform the Applicant that he was being denied access to the record. Approximately three weeks later the Town informed the Applicant that the record was dealt with at a privileged meeting of Council. The Applicant filed a Request for Review with this Office, but the Town claimed he did not have the right to do so as his request was processed as routine. The Commissioner did not agree with the Town in this regard and accepted the Applicant�s Request for Review. The Town then provided an appropriate response to the Applicant, denying him access in accordance with sections 30(1) and 19(1)(c) of the ATIPPA. The Commissioner determined that the Town had failed to fulfil its duty to assist and issued recommendations in this regard. With respect to the record, the Commissioner determined that the information is personal information and was appropriately withheld in accordance with section 30(1). Accordingly, the Commissioner did not consider the application of section 19(1)(c).

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

2007 06 29                                                     11:55 a.m.