The Information and Privacy Commissioner, Phil Wall, has released his Report 2007-015 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.gov.nl.ca/reports.htm.

Report: 2007-015
Report Date: October 24, 2007
Public Body: Memorial University of Newfoundland

Summary: The Applicant, Dr. Ranee K.L. Panjabi, applied to Memorial University of Newfoundland ("Memorial") under the Access to Information and Protection of Privacy Act (the "ATIPPA") for access to the names, titles and designations of all persons who have seen, had access to or been provided with an uncensored version of the Katz Report. Dr. Panjabi also requested the dates on which access to the Katz Report was provided and the name of the administrator responsible for granting such access. Memorial denied access to the entire record claiming that the information was personal information and should not be released to the Applicant under authority of sections 30(1). Through negotiations with this Office, Memorial eventually released the majority of the record, but continued to withhold the names of four individuals. Several months into the Review process, Memorial attempted to claim that these four names were being withheld under authority of section 21 (solicitor-client privilege). The Commissioner concluded that the four names did constitute personal information, but further concluded that the four individuals in question were employees or members of Memorial and, as such, Memorial could not refuse to disclose their names. With respect to solicitor-client privilege, the Commissioner concluded that Memorial had claimed this exception much too late in the process and, therefore, could not rely on it to withhold information. Notwithstanding this conclusion, the Commissioner provided a detailed discussion on solicitor-client privilege and determined that even if he had accepted the late exception, the names of the four individuals would not be considered as information subject to the privilege. The Commissioner also raised a number of concerns with respect to the manner in which Memorial responded to the Applicant and to the Commissioner�s Office. The Commissioner concluded that Memorial failed to honour its duty to assist and further concluded that Memorial lacks the commitment necessary to ensure that the language, the intent and the spirit of the ATIPPA are upheld.

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Media contact:
Sandy Hounsell
Assistant Commissioner
Office of the Information and Privacy Commissioner
709-729-6309

2007 10 26                                               2:10 p.m.