Office of the Information and Privacy Commissioner
October 28, 2014
Office of the Information and Privacy Commissioner – Report A-2014-012 Released
The Information and Privacy Commissioner, Ed Ring, has released his Report A-2014-012 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-2014-012 |
| Report Date: | October 24, 2014 |
| Public Body: | Eastern Health |
| Summary: | The Applicant requested from Eastern Health the financial statements of a Third Party for the years 2000-2011. Eastern Health was not prepared to release the records requested based on s.27 (harm to the business interests of a third party), however, once the Applicant filed a Request for Review with this Office, Eastern Health reconsidered the claim of s.27 exception and was prepared to release the records unless the Third Party filed a Request for Review with this Office. The Third Party did not file a Request for Review with this Office and Eastern Health released the records for the years 2007 and 2008 to the Applicant. Eastern Health advised that prior to October 2006 the Department of Health and Community Services was responsible for providing funding to the Third Party but acknowledged that it had in its possession responsive records for 2005, however, it was their opinion that those records were not in the custody or under the control of Eastern Health for the purposes of the ATIPPA. The Applicant made a second access request to Eastern Health for the financial statements of the Third Party for the fiscal year ending March 31, 2013. Eastern Health responded that it did not have responsive records for the fiscal year 2013 for the same reasons that it did not have responsive records for 2006 and 2009-2011. The Applicant questioned the complete lack of records for the years 2006 and 2009-2011 as well as the completeness of records received for the years 2007 and 2008. The Commissioner found that the 2005 records were within Eastern Health’s custody and recommended releasing the records to the Applicant once it had reviewed the records, less any information subject to an exception claimed under the ATIPPA. The Commissioner found that Eastern Health had conducted a reasonable search and further determined that although Eastern Health did not have any responsive records for the years 2006, 2009-2011 and fiscal year 2013 in its possession, it had control of those records. The Commissioner recommended that Eastern Health obtain the records and release the records to the Applicant once it had reviewed the records, less any information subject to an exception claimed under the ATIPPA. |
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Media contact: Ed Ring Information and Privacy Commissioner 709-729-6309 |