The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2023-036 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-2023-036 |
| Report Date: | August 7, 2023 |
| Public Body: | Department of Tourism, Culture, Arts and Recreation |
| Summary: | The Complainant sought access to information from the Department of Tourism, Culture, Arts, and Recreation (TCAR) regarding the $1 million of funding for the Come From Away production being held in Gander. The search for responsive records produced some records, all of which were withheld pursuant to section 27 of ATIPPA, 2015. However, due to a lack of consultation with the Complainant on the part of TCAR as to the scope of the Complainant’s request, it was unclear whether all responsive records were produced. The Commissioner agreed with TCAR that the responsive records should be withheld pursuant to section 27. However, the Commissioner found that TCAR did not meet its duty to assist as it took a narrow interpretation of the request that was not reasonable and that may have contributed to the lack of responsive records produced. As a result, the Commissioner recommended that a new search for responsive records be conducted, prior to which TCAR should consult with the Complainant in order to confirm the scope of the request. |
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2023 08 09
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