The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2021-026 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-2021-026 |
| Report Date: | June 7, 2021 |
| Public Body: | Town of Lewisporte |
| Summary: | The Town of Lewisporte (the “Town”) received an access to information request under the Access to Information and Protection of Privacy Act, 2015, (“ATIPPA, 2015”) for records relating to a workplace investigation. The Town denied access to the records based on section 30(1)(a) (legal advice) of ATIPPA, 2015. The Complainant argued that as a party to the workplace investigation as described in section 33 of ATIPPA, 2015 he is entitled to all relevant information created or gathered for the purpose of that investigation. The Commissioner determined that section 30 does not apply to the Investigation Report because the person who conducted the workplace investigation and authored the Report was not retained to provide legal advice. The Commissioner therefore found that section 30 does not apply to the Report and it should be released to the Complainant. The Commissioner found that section 30 does apply to most of the communications between the Town and its legal counsel and that those records should continue to be withheld. |
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Sean Murray
Director of Research and Quality Assurance
709-729-6309
2021 06 10
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