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Annual Report 2007-2008 During the year ending March 31, 2008, the OIPC received 89 Requests for Reviews under section 43 if the ATIPPA, 13 complaints under section 44 of the ATIPPA and six privacy investigations under Part 4 of the ATIPPA. In addition, there were 27 Requests for Review and two complaints carried over from the previous year. This reflected increases of 21 per cent for Requests for Review, 40 per cent for complaints and a 100 per cent increase for privacy investigations, as the privacy provisions of the ATIPPA were only proclaimed on January 16, 2008. Of the Requests for Review, 45 were resolved through informal resolution and 18 resulted in a Commissioner�s Report. The remainder were either closed or carried over to the 2008-2009 fiscal year. In addition to Requests for Review, this Office received 94 Access to Information related inquires during the 2007-2008 year. Of the 15 complaints received under section 44, relating either to the fees being charged or to extensions of time by public bodies, seven were investigated and concluded by this Office and the remainder were carried over to the 2008-2009 fiscal year. Of the 131 Requests for Review and complaints dealt with in the 2007-2008 year:
A number of significant privacy breach investigations that came on the heels of the privacy provisions proclamation in January 2008 involved the Workplace Health Safety and Compensation Commission, the Pubic Health Laboratory and Eastern School District. Investigations were initiated in this fiscal year but where carried over into fiscal year 2008-2009 and will be reported upon in the 2008-2009 Annual Report.
Commentary of Commissioner Ed Ring "Fiscal year 2007-2008 has been a very challenging, busy and productive year. During the period the office did see an increase in the staff complement which has significantly increased the review, mediation and investigation ability. This has to be considered in line with the significant increase in workload as was pointed out at the beginning of this report. "Overall, during this period, I am very pleased with the public body response and compliance rate regarding the recommendations contained in our reports. Five of the eighteen reports published during this reporting period represent 28% did not require recommendations to be made of the remaining 13 reports, where recommendations were made there was an 81% compliance rate. It should be noted, or well, that of the two cases where the OIPC recommendations were rejected, one of these cases is the subject of an ongoing review by the Supreme Court Trial Division. "In conclusion I believe the results of this report in reflective of the openness and transparency intended by the government when the Access to Information and Protection of Privacy Legislation (ATIPPA) was contemplated. I congratulate all public bodies on their diligence and hard work towards our ongoing efforts to improve process and procedures and ultimately providing for the citizens of the province, their rights under this legislation. I specifically wish to acknowledge the work of the ATIPPA coordinators in each of the 467 public bodies in the province. We look forward to the ongoing cooperation and, no doubt, challenges that will arise as this legislation continues to mature." ATIPPA By providing a specific right of access and by making that right subject only to limited and specific exceptions, the legislature has imposed a positive obligation on public bodies to release information, unless they are able to demonstrate a clear and legitimate reason for withholding it. Furthermore, the legislature places the burden of proof squarely on the head of a public body that any information that is withheld is done so appropriately and in accordance with the legislation. Additionally, the Access to Information and Protection of Privacy Act (ATIPPA) prohibits the unauthorized collection, use or disclosure of personal information by public bodies. For more information on the ATIPPA and the Office of the Information and Privacy Commissioner, visit our web site at //www.oipc.gov.nl.ca/ - 30 - Media contact:
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