The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2020-003 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 Date:||January 31, 2020|
|Public Body:||Memorial University|
|Summary:||Memorial University (“Memorial”) received an access request for records relating to correspondence about a committee at Memorial. Memorial disclosed records to the Complainant with redactions under sections 29, 32 and 40 of the Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015). The Complainant alleged that Memorial failed in its duty to assist under section 13 of ATIPPA, 2015, alleging that Memorial’s search did not meet the standard of reasonableness. The Complainant also alleged that Memorial refused to provide some of the records in their native format, as he requested under section 20(1)(b) of ATIPPA, 2015. The Commissioner determined that Memorial had conducted what seemed to be a reasonable search but based on the specific wording of the request and facts of this case the search was flawed. Memorial corrected this oversight during the course of this investigation, therefore the Commissioner made no new recommendations regarding the provision of records. The Commissioner further determined that the right of access to records does not routinely include a right to access them in their native format under ATIPPA, 2015.|
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Director of Research & Quality Assurance