Office of the Information and Privacy Commissioner
January 25, 2018

Office of the Information and Privacy Commissioner – Report A-2018-003 Released

The Information and Privacy Commissioner, Donovan Molloy, has released his Report A-2018-003 under authority of the Access to Information and Protection of Privacy Act, 2015. A summary of the Report is included below.

To view the Report in its entirety, please go to www.oipc.nl.ca/reports/commissioner

Report: A-2018-003
Report Date:January 25, 2018
Public Body:City of St. John’s
Summary: The City of St. John’s (the “City”) received an access request seeking disclosure of information related to Kenmount Crossing. The City provided some records but withheld others based on sections 28(1)(c) (local public body confidences), 30(1) (legal advice), 35(1)(d) (disclosure harmful to the financial or economic interests of a public body), 39 (disclosure harmful to business interests of a third party) and 40(1) (disclosure harmful to personal privacy) of the ATIPPA, 2015. The Applicant was not satisfied and filed a complaint with this Office. While the Commissioner determined that the City had conducted a reasonable search for records, the City failed in its duty to assist the Applicant by its significant oversight in not providing all records to the Applicant initially. The Commissioner recommended that the City review the duty to assist section under the ATIPPA, 2015 and its procedures to avoid future misplacement of responsive records. The Commissioner determined that the City properly applied section 35(1)(d) to the records and as the public interest override did not apply, recommended the City continue to withhold the records.

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Media contact
Janet O’Reilly
Senior Access and Privacy Analyst
(709) 729-1114

2018 01 25                              12:45 p.m.