The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2020-016 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-2020-016 |
| Report Date: | September 1, 2020 |
| Public Body: | Department of Transportation and Works |
| Summary: | The Department of Transportation and Works, now called Transportation and Infrastructure, (the “Department”) received an access request for the completed RFP financial submission forms (A1 to A10) as well as the Energy Adjustment Model of the successful proposal for the Gander and Grand Falls-Windsor Care Homes Project. The Department initially determined the records in question were subject to sections 35 (disclosure harmful to the financial or economic interests of a public body) and 39 (disclosure harmful to the business interests of a third party) of ATIPPA, 2015 and therefore must be withheld from release. The Applicant made a complaint to this Office for review of the Department’s application of the Act. As part of the informal resolution process, the Department reconsidered its initial position and determined forms A1, 2, 3 and 5 could be released as these did not meet the section 39 test. The Department determined it was necessary to notify the Third Party of its decision to release these records (A1, 2, 3 and 5) pursuant to section 19(5) (third party notification). The Third Party objected to the disclosure and filed a complaint with this Office, submitting that section 39 required the records to be withheld. The Commissioner determined the Third Party failed to identify the records as possibly exempt from disclosure under section 39 pursuant to the Public Procurement Regulations when the Third Party submitted the records per the RFP. The Commissioner found the Third Party therefore did not meet the burden of proof, and recommended release of the records. |
– 30 –
Media contact
Sean Murray
Director of Research & Quality Assurance
709-729-6309
2020 09 03
9:45 am