The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2020-013 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-2020-013 |
| Report Date: | August 25, 2020 |
| Public Body: | City of Mount Pearl |
| Summary: | The City of Mount Pearl received an access to information request for the complaints and witness statements collected in a workplace investigation of a named individual. The City provided the complaints but refused access to the witness statements, asserting that the records were not in the custody or under the control of the City. A complaint was filed with this Office asking the Commissioner to review the refusal. In the event that the witness statements are found to be in the custody or under the control of the City, the City’s position is that the relevancy of records and information gathered for the purpose of the workplace investigation cannot be determined until the investigation is complete, therefore the right of access provided under section 33 (information from a workplace investigation) of the Access to Information and Protection of Privacy Act (ATIPPA, 2015) did not apply. The Commissioner determined that the witness statements are within the control of the City and that section 33(3) applies regardless of whether or not the workplace investigation is complete. The Commissioner recommended that the City obtain the witness statements from the Investigator and disclose the relevant information to the access to information Applicant. |
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Media contact
Sean Murray
Director of Research & Quality Assurance
709-729-6309
2020 08 27
9:30 am