The Office of the Information and Privacy Commissioner has released Report A-2025-004 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-2025-004 |
| Report Date: | January 30, 2025 |
| Public Body: | Town of Gander |
| Summary: | The Complainant submitted multiple access to information requests to the Town of Gander for records related to the resignation of its Chief Administrative Officer. The Town responded to three of the access requests with records redacted pursuant to section 30(1)(a) (legal advice). The Complainant objected to the redactions and filed a complaint with this Office. During the investigation, the Town identified a further responsive record, which it asserted ought to be withheld pursuant to section 30 as well as sections 35 (disclosure harmful to the financial or economic interests of a public body), 40 (disclosure harmful to personal privacy), and the common law right of settlement privilege. The Commissioner determined that the Town could not rely on section 40(1) to withhold the entirety of the record, finding that some of the information should be disclosed in accordance with section 40(2)(f). Additionally, the Commissioner held that sections 30(1)(a) and 35(1)(g) did not apply. The Commissioner also determined that settlement privilege is not recognized as an exception to disclosure. The Commissioner recommended the Town release several portions of the record. The Commissioner also found that the Town had not conducted a reasonable search for responsive records. |
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Sean Murray
Director of Research & Quality Assurance
709-729-6309
2025 01 31
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