The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2021-008 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: | A-2021-008 |
| Report Date: | February 15, 2021 |
| Public Body: | Town of Conception Bay South |
| Summary: | The Complainant made an access to information request to the Town of Conception Bay South (the “Town”) for Board minutes of the Long Pond Harbour Authority pursuant to the Access to Information and Protection of Privacy Act, 2015 (“ATIPPA, 2015”). The Town initially withheld the records based on section 39 (disclosure harmful to business interests of a third party). The Complainant asserted that the Town had not met all three parts of the test under section 39 of ATIPPA, 2015 and asked the Commissioner to review the Town’s refusal. During the investigation, submissions were received from the Long Pond Harbour Authority arguing that the Town did not have custody or control of the records, therefore the records could not be disclosed under ATIPPA, 2015. The Town agreed with this position. The Commissioner determined that the records were not in the custody or under the control of the Town and that ATIPPA, 2015 did not apply to the records.
|
-30-
Media contact
Sean Murray
Director of Research & Quality Assurance
709-729-6309
2021 02 17
1:12 pm