Report: A-2010-015

Report Date: October 13, 2010

Public Body: Department of Justice

Summary: The Applicant applied to the Department of Justice (the "Department") under the Access to Information and Protection of Privacy Act (the "ATIPPA") for access to information relating to certain individuals alleged to be Commissioners of Oaths, Commissioners of Oaths in general, certain government employees and former railway land in Brigus Junction. The Department granted access to the records in part, severing portions of the records pursuant to section 30(1) (disclosure of personal information) of the ATIPPA. The Department also indicated that it did not have any responsive records in respect of a portion of the access request and it felt it had insufficient detail about another aspect of the access request to enable it to locate records in that regard. Finally, the Department went on to direct the Applicant to alternate sources of the information it had provided and potential additional, related information outside the Department's custody and control. The Commissioner determined that the Department provided all responsive records to the Applicant and that the Department was correct in its application of section 30(1). Further, the Commissioner found that the search conducted by the Department and the corresponding response was reasonable. Finally, the Commissioner found that the action by the Department to dismiss a part of the Applicant's access request due to insufficient detail without first contacting the Applicant for further clarification was inappropriate and contrary to the Department's duties under the ATIPPA. Consequently, the Commissioner recommended that, in the future, the Department make every reasonable effort to assist applicants in making access requests such that the public body can properly and fully respond.

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