Office of the Information and Privacy Commissioner
February 17, 2009
the Information and Privacy Commissioner �
The Information and Privacy Commissioner, Ed Ring, has released his Report A-2009-003 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-access.htm
Report Date: February 9, 2009
Public Body: Executive Council
Summary: The Applicant requested information with respect to a review of the Inland Fisheries and Wildlife Enforcement Program. Executive Council (the "Department") granted access to a portion of the record, and severed other portions in accordance with sections 18, 20, 22, 23 and 30 of the ATIPPA. The Commissioner found that some information was appropriately severed under sections 18 and 20. However, the Commissioner found that section 20 was not applicable to most of the information for which it was claimed. Despite the fact that the record contained preliminary findings, this alone was not a sufficient reason to withhold information under section 20. A large portion of the record was factual and must be released under section 20(2)(a), while other information did not reveal advice and recommendations and therefore could not be withheld under section 20(1)(a). The Commissioner also found that section 22(1)(a) was not applicable, as the information for which it was claimed was not a "law enforcement" matter. Section 22(1)(e) was also not applicable because again, there was no "law enforcement" matter, nor, on its face, was there any "intelligence information" at issue and the Department failed to show otherwise. Section 23(1)(b) was not applicable to the information for which it had been claimed, as the Department failed to show the information had been received in confidence. The Commissioner also found that the Department failed to participate meaningfully in the informal resolution process by not responding to inquiries from the Commissioner�s Office in a timely manner, despite repeated attempts by the Office to solicit their involvement.
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