Office of the Information and Privacy Commissioner
January 31, 2018

Office of the Information and Privacy Commissioner Reports A-2018-004 and A-2018-005 – Released

The Information and Privacy Commissioner, Donovan Molloy, has released his Reports A-2018-004 and A-2018-005 under authority of the Access to Information and Protection of Privacy Act, 2015. Summaries of these Reports are included below.

To view the Reports in their entirety, please go to www.oipc.nl.ca/reports/commissioner External Link

Report: A-2018-004
Report Date: January 30, 2018
Public Body: Town of Paradise
Summary: The Town of Paradise received a request for records related to its 2017 municipal election. The Town advised the Applicant that it destroyed all records responsive to the request in accordance with the Municipal Elections Act, following which the Applicant complained to this Office. The Town was able to locate some additional records and released them. The Commissioner concluded that while the Town’s interpretation of the request was reasonable, the Town failed in its duty to assist the Applicant by not clarifying it with the Applicant. The Commissioner also found that the Town destroyed records not subject to destruction pursuant to the Municipal Elections Act. Those records required retention after receipt of the access request. The Commissioner recommended that the Town revise its Records Retention Policy regarding records relating to elections.
Report: A-2018-005
Report Date: January 30, 2018
Public Body: Town of Paradise
Summary: The Town of Paradise received an access to information request for video recordings from the security cameras installed and maintained by the Town at its Paradise Double Ice Complex. The Town refused the request citing section 40 of the ATIPPA, 2015 (personal information of identifiable individuals). During the investigation, the Town advised that its system erased the recordings after receipt of the access request. The Town did not view the recordings to determine if they contained any personal information. The Commissioner concluded that the Town failed to comply with the ATIPPA, 2015 and recommended that it take action to ensure that the Town’s video recording system is capable of storing recordings as required under the Town’s retention policy, and that it acquire or source the capacity to de-identify persons recorded by its video surveillance systems.

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Media contact
Sean Murray
Director of Research and Quality Assurance
(709) 729-6476

2018 01 31                                                   9:50 a.m.