The Information and Privacy Commissioner, Michael Harvey, has released his Report A-2024-016 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-2024-016 |
| Report Date: | April 15, 2024 |
| Public Body: | Newfoundland and Labrador Hydro |
| Summary: | The Complainant made an access to information request to NL Hydro for records relating to the organization’s employment equity plan and the number of employees who self-identify as disabled within the organization. NL Hydro responded by providing one page of responsive records, but did not include information on self-identified disabled employees. After receiving NL Hydro’s final response to their request, the Complainant reviewed NL Hydro’s 2024-2026 Accessibility Plan which suggested NL Hydro did in fact have information on employees with disabilities within the organization. The Complainant then filed a complaint with this Office about NL Hydro not providing this information in response to their request. NL Hydro submitted it would not release the responsive information as it was not accurate and it would involve the creation of a record, which ATIPPA, 2015 does not require. After reviewing submissions, the Commissioner found NL Hydro did not meet its burden of proof to deny access and recommended it search for and provide the requested information within 10 business days, subject to any applicable exceptions. |
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Sean Murray
Director of Research & Quality Assurance
709-729-6309
2024 04 16
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