Summary:

The applicant submitted two access to information requests to the Department of Justice dated June 15, 2012. The requests were for information regarding psychiatric services at Newfoundland and Labrador correction facilities, penitentiaries, jails or prisons and for payments made to external consultants for review of a psychiatrist at Her Majesty’s Penitentiary. The applicant received no response to his request for information regarding psychiatric services until November 9, 2012, when the department responded to both this office and the applicant as a result of his Request for Review submitted to this office in October. This four and half month delay occurred despite the fact that the majority of information was in the custody or control of the department and required little redaction. The request with respect to payment information was responded to on August 24, 2012, when the department notified the applicant that no records existed. There was no communication with the applicant to explain the reasons for the delay in either case. The commissioner found that in both cases there was a breach of both sections 9 and 11 of the ATIPPA. As the department had already committed to reviewing its policies and procedures for timely release of information, the commissioner recommended that the department make an effort to communicate with applicants when delays in responding are expected and unavoidable.