The Information and Privacy Commissioner, Ed Ring, has released his Report A-2009-008 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-2009-008
Report Date: July 2, 2009
Public Body: Western Regional Integrated Health Authority

Summary: The Applicant applied under the Access to Information and Protection of Privacy Act ("ATIPPA") for access to the draft and final versions of a report on surgical services in the western region, which was commissioned by the Western Regional Integrated Health Authority ("Western Health") in 2007 (the "Surgical Services Reports"). Western Health granted access to a portion of the Surgical Services Reports and severed other portions citing section 20(1)(a) (policy advice or recommendations) and section 30 (disclosure of personal information) of the ATIPPA. With respect to section 30, Western Health severed portions of the information on the grounds that the events described in the Surgical Services Reports "took place in small communities and were unique to the time and place." With respect to both Surgical Services Reports, the Commissioner found that some information had been appropriately severed under section 30. Certain other portions of the severed information were recommended for release because the information: i) was not personal information within the meaning of section 2(o) of the ATIPPA; ii) related to the positions and/or functions of third parties as employees or members of a public body pursuant to section 30(2)(f); or iii) was the opinion or view of the author of the Surgical Services Reports pursuant to section 30(2)(h). With respect to section 20, in the context of the Draft Surgical Services Report the Commissioner found that some information had been appropriately severed. However, a portion of the severed information was factual information pursuant to section 20(2)(a), and other severed information did not reveal advice or recommendations. Therefore, it was found that this information could not be withheld under section 20(1)(a). In the context of the Final Surgical Services Report, the Commissioner found that section 20(1)(a) could not be used to withhold any information as the Final Surgical Services Report was a "final report" in accordance with section 20(2)(f). The Commissioner recommended the release of the entire Final Surgical Services Report with the exception of the information protected from disclosure by section 30.

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Media contact:

Ed Ring
Information and Privacy Commissioner
709-729-6309