Office of the Information and Privacy Commissioner
July 10, 2008Office of the Information and Privacy Commissioner �
Report A-2008-011 Released
The Information and Privacy Commissioner, Ed Ring, has
released his Report A-2008-011 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-access.htm
| Report: |
A-2008-011 |
| Report Date: |
July 4, 2008 |
| Public Body: |
House of Assembly |
| Summary:
|
The Applicant applied under the Access to
Information and Protection of Privacy Act (the �ATIPPA�) for access
to records containing the constituency allowance claims and
supporting documentation for a Member of the House of Assembly (the
�House�). The House disclosed the records but refused to release the
names of two individuals found in the records, claiming that the
names constituted personal information and were, therefore, excepted
from disclosure by section 30(1) of the ATIPPA. The House, despite
having already released the records to the Applicant, argued for the
first time in its written submission that the records containing the
information at issue were exempt from the ATIPPA on the basis of
section 5(1)(c) and by section 2(p)(vi) because the records were
constituency records of a Member of the House of Assembly and were
the records of a constituency office. The Commissioner determined
that the records were not constituency records nor were they the
records of a constituency office but were records of the House of
Assembly, and, as such were subject to an access request under the
ATIPPA. The Commissioner also found that both of the names
constituted personal information within the meaning of section 2(o).
The Commissioner further concluded that one of the names should be
disclosed as it was exempt from the operation of section 30(1) by
paragraph (l) of section 30(2) because the disclosure of that name
would reveal a detail of a discretionary benefit of a financial
nature granted to a third party by a public body. The Commissioner
determined that the other name was not covered by the exemption set
out in paragraph (l) of section 30(2) and, as a result, the House
was obligated by section 30(1) to refuse disclosure of that other
name. The Commissioner recommended that the House disclose to the
Applicant the name exempted from the operation of section 30(1) by
paragraph (l) of section 30(2). |
-30-
Media Contact:
Ed Ring
Information and Privacy Commissioner
(709) 729-6309
2008 07 10
11:50 a.m. |
