The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2022-010 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-2022-010 |
| Report Date: | June 30, 2022 |
| Public Body: | Department of Justice and Public Safety |
| Summary: | The Complainant made an access request under the Access to Information and Protection of Privacy Act, 2015 to the Department of Justice and Public Safety for records relating to the Province’s mandatory vaccination policy. The Department provided records to the Complainant, but withheld some information claiming sections 27 (cabinet confidences), 29 (policy advice), 30 (legal advice), 34 (disclosure harmful to intergovernmental relations or negotiations), 35 (disclosure harmful to financial or economic interests), and 40 (disclosure harmful to personal privacy). For some information, multiple exceptions to access were applied. During the complaint investigation, the Department refused to provide all information withheld under section 30 (legal advice) to the Commissioner for review, but did otherwise release a small portion of the responsive records to the Commissioner’s Office. The Commissioner recommended that the Department continue to withhold some information under sections 27, 29, 34, and 40. However, the Commissioner concluded the Department had not met the burden of proving that section 30 applied, nor had the Department met the burden for any of the sections claimed that overlapped with section 30 information, and the Commissioner recommended that this withheld information be provided to the Complainant. The Commissioner confirmed that due to a recent court decision, his Office’s inability to compel records under section 97(3) that are claimed as solicitor-client privilege has led to significant gaps in his independent oversight capability. |
Media contact
Michael Harvey
Information and Privacy Commissioner
709-729-6309
2022 07 05
2:55 pm