Office of the Information and Privacy Commissioner – Report A-2020-026 Released

  • Office of the Information and Privacy Commissioner

November 18, 2020

The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2020-026 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-2020-026
Report Date: November 16, 2020
Public Body: Newfoundland and Labrador English School District
Summary: The Newfoundland and Labrador English School District (“NLESD”) received an access request under the Access to Information and Protection of Privacy Act, 2015, for the results of a particular teacher’s American Sign Language (“ASL”) proficiency test. NLESD refused to provide the requested record on the basis of sections 32 and 40(1). The Complainant argued that they required the document in order to assess the quality of education being provided by the teacher. The Commissioner found that the NLESD was correct in its application of sections 32 and 40. The Commissioner also considered whether sections 9 or 40(5) would require disclosure despite sections 32 and 40(1), but found that neither could be used to override the exceptions. The Commissioner recommended the record continue to be withheld.

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

2020 11 18 11:45 am