Office of the Information and Privacy Commissioner
March 24, 2009Office of the
Information and Privacy Commissioner � Report A-2009-004 Released
The Information and Privacy Commissioner, Ed Ring, has
released his Report A-2009-004 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/reports-access.htm
Report:
Report Date:
Public Body:
Summary: |
A-2009-004
March 20, 2009
Eastern Regional Integrated Health Authority
The Applicant applied under
the Access to Information and Protection of Privacy
Act (the "ATIPPA") for access to records
relating to the complaint, investigation, and suspension
of the hospital privileges of a doctor employed by the
Eastern Regional Integrated Health Authority ("Eastern
Health"). Eastern Health relied on section 6(2) (in
conjunction with section 8.1 of the Evidence Act)
and the exceptions to disclosure set out in section 21
(solicitor-client privilege) and section 30(1) (personal
Information) to deny access to information in a number
of records. The Commissioner determined that section 8.1
of the Evidence Act did not operate in
conjunction with section 6(2) of the ATIPPA and
section 5(f) of the Access to Information Regulations
to allow Eastern Health to deny access to any of the
information in the responsive record. The Commissioner
concluded that certain information was subject to
solicitor-client privilege and Eastern Health was,
therefore, entitled to refuse access to that information
pursuant to section 21 of the ATIPPA. The
Commissioner also found that certain information in the
responsive record was personal information as defined in
section 2(o) and Eastern Health was, as a result,
obligated not to disclose that information in accordance
with section 30(1) of the ATIPPA. The
Commissioner recommended release of all information that
had not previously been disclosed to the Applicant with
the exception of the information protected from release
by sections 21 and 30(1) and certain information which
was not responsive to the Applicant�s request. |
- 30 -
Media contact:
Ed Ring
Information and Privacy Commissioner
709-729-6309
2009 03 24 3:00 p.m.
|