The Information and Privacy Commissioner, Ed Ring, has
released his Report A-2008-010 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-2008-010
Report Date: May 30, 2008
Public Body: Newfoundland and Labrador Liquor Corporation
Summary: The Applicant applied to the Newfoundland and Labrador Liquor
Corporation ("NLC") for access to information concerning the move of a
liquor store from one location to another. NLC released some records,
but denied access to 6 pages in their entirety, claiming sections 18 and
20 of the Access to Information and Protection of Privacy Act
(the "ATIPPA"). The six pages consisted of a Memorandum to
Executive Council and an e-mail exchange that contained much of the same
information contained in the Memorandum. The Commissioner found that NLC
had failed to appropriately sever the documents and had instead applied
Sections 18 and 20 as blanket exceptions to both documents. With respect
to section 18, the Commissioner applied the O�Connor test and
stated that NLC could only deny access to certain information on the
basis of section 18 when that information would, if disclosed, permit
the reader to draw accurate inferences about Cabinet deliberations. With
respect to section 20, the Commissioner stated that this exception is
intended to allow public bodies to protect a suggested course of action,
and not merely factual information. The Commissioner also noted that
section 20 only protects information within a record that would
reveal advice and recommendations; the entire record is not protected.
If other information in the record is not advice or recommendations,
then it cannot be withheld on the basis of section 20. Notwithstanding
these conclusions, the Commissioner found that NLC was not entitled to
rely on section 20 as it has not discharged the burden of proof imposed
upon it by section 64 of the ATIPPA.
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Media contact:
Ed Ring
Information and Privacy Commissioner
709-729-6309
2008 06 10
10:20 a.m.
