Office of the Information and Privacy Commissioner
March 24, 2009

Office 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.

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Media contact:

Ed Ring
Information and Privacy Commissioner
709-729-6309

2009 03 24                                                      3:00 p.m.
 


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