Office of the Information and Privacy Commissioner
— Report A-2010-006 Released

The Information and Privacy Commissioner, Ed Ring, has released his Report A-2010-006 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.nl.ca/accessreports.htm 

Report: A-2010-006
Report Date: May 7, 2010
Public Body: Town of Logy Bay-Middle Cove-Outer Cove

Summary: The Applicant applied to the Town of Logy Bay-Middle Cove-Outer Cove (the "Town") under the Access to Information and Protection of Privacy Act (the "ATIPPA") for access to all records pertaining to the development of O'Leary Estates located off Snow's Lane and to the transfer of a public right-of-way known as Vincent's Lane. The Town provided a number of records but the Applicant complained to this Office that further records were missing, that an index should have been provided with the records, that the fee assessed for the initial search was too high and that a series of engineering drawings originally withheld from the Applicant should have been disclosed to him without charge. The Commissioner determined that the Town was not required by section 9 (duty to assist applicant) of the ATIPPA to provide an index to or explanation of all disclosed records, but that the Town must follow through on any commitments made at the informal resolution stage. The Commissioner further determined that the Town cannot charge a fee for the time taken to photocopy records and that the Applicant should pay a fee to obtain some of the records that were not disclosed. Finally, the Commissioner determined that all responsive records must be chronologically numbered to facilitate the proper conduct of a Request for Review by this Office.

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Media contact:
Ed Ring
Information and Privacy Commissioner
709-729-6309

2010 05 19                                                    2:40 p.m.