The Office of the Information and Privacy Commissioner has released Report A-2024-053 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-2024-053 |
| Report Date: | November 28, 2024 |
| Public Body: | Memorial University |
| Summary: | The Complainant made an access to information request to Memorial University for the employment contract of a newly-created position for its Harlow campus located in the United Kingdom. Memorial University withheld the records pursuant to section 40(1) (disclosure harmful to personal privacy) of the Access to Information and Protection of Privacy Act, 2015, claiming the employment contract is not for a public body employee as it is between a third party individual and a third party entity (Harlow Campus) that is governed by a separate legal entity under United Kingdom law. For the same reasons, Memorial University refused to provide a copy of the record to this Office for review. Memorial University also claimed that Memorial University only has bare possession of the record and they do not have custody or control of the record. An analysis of Memorial University’s custody or control showed that on a balance of probabilities Memorial University has custody or control of the record sought by the Complainant’s access request.
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Sean Murray
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2024 11 29
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