Office of the Information and Privacy Commissioner
January 25, 2019
Office of the Information and Privacy Commissioner – Report A-2019-005 Released
The Information and Privacy Commissioner, Donovan Molloy, has released his Report A-2019-005 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 Date:||January 25, 2019|
|Public Body:||Nalcor Energy|
|Summary:||An Applicant made an access request to Nalcor Energy (Nalcor) regarding the evaluation of his position and determination of his salary. Nalcor withheld almost all the information citing sections 35(1)(d) (significant loss or gain to a third party) and 39(1) (harm to third party business interests) of the ATIPPA, 2015. Nalcor also relied on section 5.4 of the Energy Corporation Act (ECA) to refuse access. The Applicant objected to the decision to withhold the information and also claimed that further records should exist that were not provided. While Nalcor failed to prove that the information could be withheld under sections 39(1) and 35(1) of the ATIPPA, 2015, section 5.4 of the ECA requires the Commissioner to uphold the decision of Nalcor’s Chief Executive Officer to refuse disclosure.|
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Director of Research and Quality Assurance
2019 01 25 2:30 p.m.