The Office of the Information and Privacy Commissioner has released Report A-2024-050 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 https://www.oipc.nl.ca/reports/reports/.
| Report: | A-2024-050 |
| Report Date: | November 1, 2024 |
| Public Body: | Royal Newfoundland Constabulary |
| Summary: | The Complainant made an access to information request to the Royal Newfoundland Constabulary seeking records relating to a criminal complaint. The RNC has records responsive to the request but has withheld them pursuant to section 5(1)(m) of the Access to Information and Protection of Privacy Act, 2015. The Complainant disagreed with this determination and requested that the RNC’s decision be reviewed. Section 5 lists categories of public body records to which ATIPPA, 2015 does not apply, and section 5(1)(m) is one of six subsections for which there is no statutory authority to require that the public body provide the records to the Commissioner for review. This Office was not convinced by the reasons given by the RNC in support of its application of section 5(1)(m), however, in light of the statutory constraints on the Commissioner’s ability to review the records, this Office recommended that the RNC maintain its position, leaving the door open to the Complainant to bring the matter to Court should they choose to do so. |
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