Office of the Information and Privacy Commissioner
November 20, 2019
Office of the Information and Privacy Commissioner – Report A-2019-029 Released
The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2019-029 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:||November 18, 2019|
|Public Body:||Western Health|
|Summary:||Western Health received a request for copies of all contracts between itself and a supplier (Supplier). In accordance with section 19 of the Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015) Western Health notified the Third Party and the Supplier of its decision to release the records to the Applicant. The Third Party objected to the disclosure of records and filed a complaint with this Office. The Third Party argued that the records met the three-part test under section 39 of ATIPPA, 2015 (Disclosure harmful to business interests of a third party) and therefore the records should not be disclosed by Western Health. The Commissioner found that the Third Party did not meet the burden of proof and therefore the records may not be withheld under section 39. Additionally, the Commissioner noted that public bodies must only notify third parties in accordance with ATIPPA, 2015, and only when there is genuine uncertainty whether section 39 applies to the information.|
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Director of Research & Quality Assurance
2019 11 20 1:10 p.m.