Office of the Information and Privacy Commissioner
October 17, 2016

Office of the Information and Privacy Commissioner � Report A-2016-023 Released

The Information and Privacy Commissioner, Donovan Molloy, has released his Report A-2016-023 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/reports/commissioner


Summary: The Applicants made four requests to the City of Corner Brook for information relating to an ongoing contract between [named company] and the City. The City provided some of the responsive records, but declined to provide others, citing section 30 (legal advice), 33(2) (information from a workplace investigation), and 40(4) (disclosure harmful to personal privacy) of the ATIPPA, 2015. With respect to section 40(4), the Commissioner found that the City had properly relied on this exception in its redactions. With regard to its application of section 33(2), the City did not provide responsive records for review and further acknowledged that no workplace investigation had been undertaken. Therefore the Commissioner recommended release of all records withheld under this section. With respect to section 30, the Commissioner found that the City had applied the exception correctly to a number of records, but incorrectly to others. As a result, the Commissioner recommended partial release of the records withheld under this section. The Commissioner also recommended that the City review section 13 (duty to assist applicant), along with resources from the Access to Information and Protection of Privacy Office relating to the duty to assist. The Commissioner further recommended that the City review the sections of the ATIPPA, 2015 relating to an investigation from this Office so that the City is aware of the timelines and requirements of a public body during an investigation.

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Media contact:

Donovan Molloy, Q.C.
Information and Privacy Commissioner
709-729-6309

2016 10 17            9:40 a.m.