The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2023-045 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-2023-045 |
| Report Date: | November 10, 2023 |
| Public Body: | College of the North Atlantic |
| Summary: | The Complainant submitted an access to information request to the College of the North Atlantic for records relating to a workplace investigation involving the Complainant. The College responded by providing the Complainant with some records, but made redactions pursuant to sections 30(1)(a), 37(1)(a), and 40(1) of ATIPPA, 2015 and withheld most records citing the same exceptions. The Complainant disagreed with the exceptions and filed a complaint with this Office. After review of the responsive records and submissions, the Commissioner agreed that the investigative report was created for the dominant purpose of and in contemplation of litigation and thus agreed with most of the College’s application of section 30. Furthermore, the Commissioner agreed a reasonable expectation of harm exists if the information withheld under section 37 was to be disclosed. As such, the Commissioner recommended the College maintain its position on the section 30 and 37 records, but did recommend release of the Complainant’s own provided information and statements as required by section 33 of ATIPPA, 2015. |
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2023 11 14
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