Office of the Information and Privacy Commissioner – Report A-2020-017 Released

  • Office of the Information and Privacy Commissioner

September 8, 2020

The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2020-017 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-2020-017
Report Date: September 4, 2020
Public Body: Memorial University of Newfoundland
Summary: The Complainant requested records from Memorial University of Newfoundland (“Memorial”) pertaining to the initiation of a workplace investigation into the Complainant’s conduct and the appointment of the investigator. Memorial withheld the majority of records pursuant to sections 30 (solicitor-client privilege) and 41 (House of Assembly and statutory office records). The Complainant filed a complaint with this Office, alleging that Memorial had inappropriately applied the exceptions to disclosure and had failed in its duty to assist under section 13 of the Access to Information and Protection of Privacy Act, 2015 (“ATIPPA, 2015”). The Commissioner found that Memorial had appropriately applied section 30 of ATIPPA, 2015 and that Memorial had fulfilled its duty to assist the Complainant. However, the Commissioner also found that some of the records withheld under section 41 were relevant to the workplace investigation against the Complainant. The Commissioner therefore recommended that Memorial release those records to the Complainant.

– 30 –

Media contact
Sean Murray
Director of Research & Quality Assurance
709-729-6309

2020 09 08 4:01 pm