Office of the Information and Privacy Commissioner
February 10, 2017

Office of the Information and Privacy Commissioner – Reports A-2017-006, A-2017-007 and A-2017-008 Released

The Information and Privacy Commissioner, Donovan Molloy, has released Reports A-2017-006, A-2017-007 and A-2017-008 under authority of the Access to Information and Protection of Privacy Act. Summaries of the Reports are set out below.

To view the Report in their entirety, go to ATIPPA Privacy Reports at: www.oipc.nl.ca/reports/commissioner

Summary:

Report A-2017-006
The Applicant requested detailed information from Central Health regarding all personal care homes not in compliance with the Personal Care Home Operational Standards between January 2015 and the date of the request. The requested information included details of the orders breached, as well as the repercussions of non-compliance. Central Health intended to release the information requested, but decided to notify all third parties operating personal care homes (within its jurisdiction) of its decision. Nine Third Parties filed complaints with this Office, claiming that the information must be withheld from the Applicant on the basis of section 39 (disclosure harmful to business interests of a third party). The Commissioner found that the burden of proof under subsection 43(3) had not been met by the Third Parties and recommended that the information be released. The Commissioner also commented upon Central Health issuing third party notices despite a lack of authority to do so.

Report A-2017-007
The Applicant requested detailed information from Eastern Health regarding all personal care homes not in compliance with the Personal Care Home Operational Standards between January 2015 and the date of the request. The requested information included details of the orders breached, as well as the repercussions of non-compliance. Eastern Health intended to release the information requested, but decided to notify all third parties operating personal care homes (within its jurisdiction) of its decision. Five Third Parties filed complaints with this Office, claiming that the information must be withheld from the Applicant on the basis of section 39 (disclosure harmful to business interests of a third party). The Commissioner found that the burden of proof under subsection 43(3) had not been met by the Third Parties and recommended that the information be released. The Commissioner also commented upon Eastern Health issuing third party notices despite a lack of authority to do so.

Report A-2017β€”008
The Applicant requested detailed information regarding [named Personal Care Home], between January 1, 2015 and the date of the request, in relation to the revocation of the personal care home’s license. The requested information included details of its non-compliance with the Personal Care Home Operational Standards. Eastern Health intended to release the information requested, but decided to notify the Third Party of this decision. The Third Party, [named Personal Care Home], subsequently filed a complaint with this Office, claiming that the information must be withheld from the Applicant on the basis of section 39 (disclosure harmful to business interests of a third party). The Commissioner found that the burden of proof under subsection 43(3) had not been met by the Third Party and recommended that the information be released.

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Media contact:

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

2017 02 10                              2:35 p.m.