The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2021-003 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-2021-003 |
| Report Date: | January 19, 2021 |
| Public Body: | Digital Government and Service NL |
| Summary: | Digital Government and Service NL (DGSNL) received an access to information request under the Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015) for an Occupational Health and Safety report into a fatality. DGSNL withheld the report on the basis of several provisions of section 31 (Disclosure harmful to law enforcement), and later also claimed that ATIPPA, 2015 did not apply to the record as it was excluded under section 5 (Application). The Commissioner found that section 5 is jurisdictional in nature and therefore such a claim must be considered even though it was raised late in the proceeding, and that section 5 applied to the record. The Commissioner therefore concluded that DGSNL was authorized to withhold the record. |
Media contact
Sean Murray
Director of Research and Quality Assurance
709-729-6309
2021 01 20
4:21 pm