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Office of the Information and Privacy Commissioner
January 4, 2010

Office of the Information and Privacy Commissioner
– Report P-2009-002 Released

The Information and Privacy Commissioner, Ed Ring, has released his Report P-2009-002 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.nl.ca/privacyreports.htm

Report: P-2009-002
Report Date: December 21, 2009
Public Body: Town of Steady Brook

Summary:
During the period of June 6, 2008 to June 27, 2008 the Office of the Information and Privacy Commissioner received three Privacy Complaints under the Access to Information and Protection of Privacy Act ("ATIPPA") from four (4) separate individuals regarding the Town of Steady Brook (the "Town"). Each Complainant stated that their personal information had been disclosed in a report prepared by the Department of Municipal Affairs ("Municipal Affairs") with respect to the operational activities of the Town (the "Operational Review Report"). Eight copies of the Operational Review Report were hand-delivered by Municipal Affairs to the Town Manager with the instruction that the copies were only to be provided to the Town Manager, Town Councillors, and the Town Office Assistant (the "Original Distribution"). A letter which accompanied each copy of the Operational Review Report confirmed this limited distribution and requested that any additional copies be requested through the ATIPPA. Subsequent to the Original Distribution, members of the public and the media indicated or inferred to other members of the public that they had received or seen copies of the Operational Review Report (the "Additional Distribution"). Each of the Complainants has alleged that their personal information was contained in the Operational Review Report and, therefore, was not adequately protected pursuant to section 36; was improperly used pursuant to section 38; and was improperly disclosed pursuant to section 39 as a result of the Additional Distribution. Certain of the Complainants have also cited section 33(2) (information regarding collection of personal information) and section 72 (offence). It is the belief of the Complainants that the Additional Distribution must have been made by a person or persons who received the Operational Review Report as part of the Original Distribution.

The Commissioner did not make any findings against Municipal Affairs as the Complaints were made against the Town alone. The Commissioner did, however, make a few comments pertaining to Municipal Affairs as this was necessary to thoroughly complete this Report. The Commissioner found that the Town had properly collected the Complainants' personal information in Town records. The Commissioner also found that this personal information was used in the Operational Review Report in accordance with the ATIPPA and the Municipal Affairs Act. The Commissioner further found that this personal information was disclosed in accordance with the ATIPPA by the Town to Municipal Affairs. The Commissioner also found that the creation of the Operational Review Report was permitted by legislation, but the inclusion of some Town information may have been unnecessary to achieve the purposes of Municipal Affairs. Beyond these findings, the Commissioner did accept that on a balance of probabilities it was likely that the Additional Distribution occurred, but could not identify by whom the Additional Distribution was carried out. The Commissioner felt it was equally possible that the contents of the Operational Review Report were discussed verbally with persons outside the Original Distribution and that this resulted in the disclosure of information upon which the media and public statements were based. Again, the Commissioner could not identify who would have made these statements. Without further information the Commissioner was unable to determine with certainty whether any of the disclosure from the Additional Distribution was made in accordance with the ATIPPA; however, it is likely that there was a breach of section 39 based upon the content of the Operational Review Report.

The Commissioner determined on a balance of probabilities that the ATIPPA was breached; however, the Commissioner could not identify the source of the breach and could not comment as to whether an offence may have occurred. The Commissioner made recommendations only in respect of the need and importance of privacy training within public bodies.

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Media contact:

Ed Ring
Information and Privacy Commissioner
709-729-6309

2010 01 04                                                       9:30 a.m.
 


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