Office of the Information and Privacy Commissioner
– Report A-2012-001 Released

The Information and Privacy Commissioner, Ed Ring, has released his Report A-2012-001 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/accessreports.htm 

Report: A-2012-001
Report Date: January 16, 2012
Public Body: City of Corner Brook

Summary: The Applicant applied to the City of Corner Brook (the “City”) under the Access to Information and Protection of Privacy Act (the “ATIPPA”) for access to the minutes from Council “in-committee” meetings conducted during a specific timeframe. The City responded by issuing a fee estimate. The City also indicated that if the estimate was paid and records were released, information would, nevertheless, be severed from those records pursuant to section 19(1)(c) (local public body confidences) and on the basis that the information was “of a land, legal or labour nature”. At a later date, the City also claimed sections 26 (disclosure harmful to individual or public safety), 27 (disclosure harmful to business interests of a third party), and 30 (disclosure of personal information) of the ATIPPA. The Applicant filed both a Fee Complaint and Request for Review with this Office. The Commissioner found that the City had improperly applied sections 19(1)(c), 26, 27 and, in certain instances, section 30. The Commissioner found that some applications of section 30 were correct; however, he determined that all other information in the records should be released. The Commissioner also indicated that the City should reduce the fee estimate to reflect the time spent severing the information recommended to be withheld and the actual costs of copying. Furthermore, the City should only charge this fee if the Applicant wishes to have to a copy of the responsive records. The Commissioner also recommended that the City’s practices of recording, tabling and adopting Council minutes be reviewed and revised, both for privileged and public meetings, as they are not in accordance with the recommended practices of the Department of Municipal Affairs.

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Media contact:
Ed Ring
Information and Privacy Commissioner
(709) 729-6309

2012 01 18             11:50 a.m.