The province's privacy commissioner wants government to bring back the office authority

During the last sitting day of the House of Assembly this spring, Minister John Hogan gave notice of his intention to introduce amendments to ATIPPA, 2015. Commissioner Harvey noted: “The timing couldn’t be better."

The province’s Privacy Commissioner is calling on government to restore the authority of the office to demand certain records. Michael Harvey is referring to a ruling which was made September 7th by the Newfoundland and Labrador Court of Appeal. It concluded that the Access to Information and Protection of Privacy Act (ATIPPA, 2015) does not contain “sufficiently clear, explicit and unequivocal” language to allow the commissioner to require that public bodies provide him with records during an investigation of an access to information complaint where the public body has claimed that the records contain information protected by solicitor-client privilege. Commissioner Michael Harvey says “the ability of the Commissioner to demand to examine documents during an investigation that a public body claims are subject to solicitor client privilege – i.e. legal advice - is central to how the Office of the Information and Privacy Commissioner (OIPC) performs its independent oversight function. If the OIPC cannot examine the documents to ensure that the privilege applies, how can requesters have confidence in the access to information system?  During the last sitting day of the House of Assembly this spring, Minister John Hogan gave notice of his intention to introduce amendments to ATIPPA, 2015. Commissioner Harvey noted: “The timing couldn’t be better."