The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2020-012 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-2020-012 |
| Report Date: | August 20, 2020 |
| Public Body: | City of St. John’s |
| Summary: | The Complainant requested the name of a City of St. John’s (“the City”) employee, operating a specified vehicle at a specified location and time. The City withheld the employee’s name pursuant to sections 40(1) and 40(4)(c) (disclosure harmful to personal privacy) of the Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015). The Complainant filed a complaint with this Office alleging the City had not properly considered sections 40(5)(a) and (c) and seeking disclosure of the employee’s name. During informal resolution efforts, new information regarding an incident between the Complainant and employee came to light and the City additionally sought to withhold the employee’s name pursuant to section 37(1)(a) (disclosure harmful to individual or public safety). The Commissioner found that the City had incorrectly applied section 40(4)(a) to withhold the employee’s name, and that section 40(2)(f) is applicable in finding that there is no unreasonable invasion of the third party’s personal privacy in releasing the employee’s name. Additionally, the Commissioner found that the City had not discharged its burden of proof under section 37(1)(a) and therefore that section is not applicable to the information in question. The Commissioner recommended that the City disclose the employee’s name to the Complainant. |
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Media Contact
Sean Murray
Director of Research & Quality Assurance
709-729-6309
2020 08 24
9:45 am