The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2021-025 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-2021-025 |
| Report Date: | June 3, 2021 |
| Public Body: | Memorial University |
| Summary: | The Complainant submitted a request to Memorial University under the Access to Information and Protection of Privacy Act, 2015 (“ATIPPA, 2015”) seeking a number of records. The University granted partial access to the records with redactions made under section 29(1)(a) (policy advice or recommendations), section 30 (legal advice) and section 35 (disclosure harmful to the financial or economic interests of a public body). The Complainant objected, claiming that the records were covered by section 33 (information from a workplace investigation) and ought not to have been redacted and asked that the redactions be reviewed. During informal resolution efforts, the University dropped its reliance on section 35, instead claiming section 31 (law enforcement – disclosing security arrangements for a system), to which the Complainant also objected. In addition, the Complainant argued that the University had failed to meet its duty to assist under section 13 by failing to conduct a reasonable search for records. The Complainant also made preliminary requests that the Commissioner appoint an external investigator to cure an alleged conflict of interest and that the submissions of the parties be exchanged. The Commissioner rejected the preliminary requests; and concluded that the redactions had been properly applied and that the University had conducted a reasonable search for records. The Commissioner recommended that the University continue to withhold the redacted information. |
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Media contact
Sean Murray
Director of Research and Quality Assurance
709-729-6309
2021 06 08
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