The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2020-009 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: | A-2020-009 |
| Report Date: | July 22, 2020 |
| Public Body: | Department of Finance |
| Summary: | The Applicant requested from the Department of Finance correspondence between the Department and a Third Party, Atlantic Lottery Corporation (ALC) relating to video lottery terminals. The Department gave notice to ALC that it intended to disclose some of the information. ALC complained to this Office, arguing that some of the information should be withheld based on sections 29 (policy advice or recommendations), 34 (disclosure harmful to intergovernmental relations or negotiations), 39 (disclosure harmful to business interests of a third party) and 40 (disclosure harmful to personal privacy) of the ATIPPA, 2015. The Commissioner in Report A-2017-004 found that ALC was not entitled to rely on sections 29 or 34, and had not met the test for sections 39 or 40, and recommended that the information be disclosed. The Department accepted the recommendation.
ALC appealed the Department’s decision to the Supreme Court, which upheld the decision and dismissed the appeal. Another Third Party, the Beverage Industry Association of Newfoundland and Labrador (BIA) appealed to the Supreme Court, arguing that it had not been given notice of the original decision by the Department and had therefore had no opportunity to make submissions. The Court set aside the Department’s decision and remitted the matter to the Commissioner for reconsideration after receiving submissions from BIA. On reconsideration the Commissioner found that ALC was not entitled to rely on sections 29 or 34, and that neither ALC nor BIA had met the tests for sections 39 or 40. The Commissioner therefore recommended that the information be disclosed.
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Sean Murray
Director of Research & Quality Assurance
709-729-6309