The Acting Information and Privacy Commissioner, Jacqueline Lake Kavanagh, has released her Report A-2024-023 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/reports/
| Report: | A-2024-023 |
| Report Date: | May 29, 2024 |
| Public Body: | Executive Council |
| Summary: | The Complainant made an access request to Executive Council seeking records related to four Orders in Council. Executive Council interpreted the access request as referring to solely information related to the actual issuance of the Order in Council and not the entire Order in Council process. As a result of the narrow interpretation, Executive Council relied on the opinion of a staff member with expertise on Orders in Council to determine that there were no responsive records. The Complainant asserted that Executive Council did not meet its duty to assist pursuant to section 13(1) of the Access to Information and Protection of Privacy Act, 2015. The Commissioner agreed with the Complainant. Executive Council should have consulted with the Complainant as to the exact meaning of their access request. Executive Council should have also conducted a search to determine whether responsive records existed. The Commissioner recommended that Executive Council communicate with the Complainant on the scope of the access request and to conduct a formal search for responsive records. |
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2024 05 30
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