Office of the Information and Privacy Commissioner
May 16, 2008Office of the
Information and Privacy Commissioner
Report A-2008-005
The Information and Privacy Commissioner, Ed Ring, has
released his Report A-2008-005 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/reports.htm
| Report: |
A-2008-005 |
| Report Date: |
May 9, 2008 |
| Public Body: |
Department of Transportation and
Works |
| Summary: |
The Applicant applied under the
Access to Information and Protection of Privacy Act (the "ATIPPA")
for access to records relating to the investigation of his
allegation that he was harassed by his supervisor during his
employment with the Department of Transportation and Works (the
"Department"). The Department disclosed some of the records,
including a report prepared following the investigation, but
refused to release the records containing the notes taken by the
investigator during interviews with witnesses. The Department
relied on the exceptions to disclosure in paragraphs (c) and (d)
of section 22(1) of the ATIPPA claiming that the
interviews were conducted with an understanding of
confidentiality and to breach this assurance of confidentiality
would prejudice future similar investigations The Commissioner
found that the Department was not entitled to rely on the
exceptions set out in paragraphs (c) and (d) of section 22(1)
and determined that the ATIPPA does not contain a
separate provision which specifically excepts from disclosure
confidential information gathered during a workplace
investigation. The Department also relied on the mandatory
exception to the disclosure of personal information set out in
section 30(1). In relation to that exception, the Commissioner
concluded that certain information did constitute the personal
information of a third party and should not be disclosed. The
Commissioner recommended that most of the information in the
records at issue should be released to the Applicant. |
- 30 -
Media contact:
Ed Ring
Information and Privacy Commissioner
709-729-6309
2008 05 16 9:25 a.m.
