The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2023-044 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-2023-044 |
| Report Date: | November 3, 2023 |
| Public Body: | Department of Justice and Public Safety |
| Summary: | The Complainant made eight related access to information requests to the Department of Justice and Public Safety, seeking records on the costs and expenses of several individuals employed or paid for by the Crown in a criminal matter for which a prosecutorial stay had been entered in March 2023. For seven of the requests, the Department claimed that section 5(1)(j) of ATIPPA, 2015 applied and therefore the requested records were outside of the jurisdiction of the Office of the Information and Privacy Commissioner. For one of the requests, JPS did disclose some records with redactions made pursuant to sections 30(1)(a) and 40(1) of ATIPPA, 2015. Given the constraints placed by a claim of section 5(1)(j), this Office refrained from making a recommendation on that particular issue, though the Commissioner did offer comments on the applicability of section 5(1)(j) in this case. Upon review of the records disclosed to the Complainant, the Commissioner concurred with the Department’s use of section 30(1)(a) to withhold information that is subject to solicitor-client or litigation privilege and the application of section 40(1) to protect personal information. |
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Sean Murray
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709-729-6309
2023 11 06
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