The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2024-006 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-2024-006 |
| Report Date: | February 8, 2024 |
| Public Body: | Memorial University of Newfoundland |
| Summary: | The Complainant submitted four access to information requests to Memorial University of Newfoundland related to expenditures incurred by three of the University’s separately incorporated entities. Memorial did not perform a search for the records requested by the Complainant and instead responded claiming it does not have custody or control of the records as they relate to expenditures by the separately incorporated entities. The Commissioner noted that Memorial should have performed a search for responsive records, as without such a search a claim of lack of custody or control cannot be substantiated. Therefore, Memorial did not meet its duty to assist the Complainant pursuant to section 13(1) of ATIPPA, 2015. An analysis of Memorial’s custody or control showed that on a balance of probabilities Memorial has custody or control of records containing information relating to the Complainant’s access request. |
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Sean Murray
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709-729-6309
2024 02 12
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