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RESOURCES Access to Information and Protection of Privacy Act http://www.hoa.gov.nl.ca/hoa/statutes/a01-1.htm
Link to Office of the Information and Privacy Commissioner of Newfoundland & Labrador http://www.oipc.gov.nl.ca/ Link to guide http://www.justice.gov.nl.ca/just/civil/atipp/ WHO CAN REQUEST PERSONAL INFORMATION? Anyone can request access to his or her own personal information. For information on requesting personal information about someone else, see
Accessing Government Information in Newfoundland.
WHAT INFORMATION CAN I ACCESS? You have the right to access any record, containing your own personal information, under the control of a public body, subject to certain exceptions described below. Public bodies include the Newfoundland government, municipalities, educational bodies and health care bodies.
WHAT IF THERE'S A MISTAKE IN MY PERSONAL INFORMATION? You have the right to correct mistakes of fact, but not opinion, found in your personal information. To make such a correction, simply contact the relevant public body and request that a correction be made.
WHAT ARE THE EXCEPTIONS TO MY RIGHT OF ACCESS? There are a number of circumstances in which you may be denied access to your personal information, including the following:
Privileged information
Your request for information may be denied if the information is protected by legal privilege such as solicitor-client privilege.
Court records
You cannot access court records under the
Access to Information and Protection of Privacy Act. This includes the records of: courts, judicial administration or judicial support services, judges, magistrates, or justices of the peace. Similarly, the personal notes of judges and those acting in a judicial role are not accessible.
Publicly available information
You may be denied access to information that is already available to the public. This includes information for which you must pay a fee and information that will be made available to the public within 45 days of the date when the request is received.
If your request is denied because the information will be available within 45 days, the public body must inform you when it becomes available. If it is still not published after 45 days, the public body can not deny you access on this ground.
Third parties’ personal information
A public body cannot disclose personal information, except under limited circumstances, including:
• when the relevant third party consents in writing to disclosure;
• when there are compelling circumstances affecting the applicant's health or safety;
• when another act expressly allows or requires disclosure;
• when disclosure is for research or statistical purposes;
• when the information relates to a public body employee's position, function, or remuneration;
• when the information relates to a goods or services contract with a public body;
• when the information relates to a financial discretionary benefit to a third party;
• when disclosure is required under the Financial Administration Act; and
• when the information is about expenses incurred by a third party while travelling at the expense of a public body.
Furthermore, a public body may refuse to confirm or deny the existence of information if to do so could result in the disclosure of personal information.
Another act prevails
If access to the information you want is prohibited or restricted by another act or regulation, you may not be able to access it.
Individual or public safety
Your access request may be denied if disclosure could threaten individual or public safety.
Law enforcement and legal proceedings
Your access request may be denied if disclosure could be harmful to law enforcement. This includes information that would: jeopardize national security; reveal investigative techniques or details of an investigation; reveal confidential sources of information; endanger anyone; deny someone a fair trial or otherwise harm legal proceedings; expose its source to civil liability; or facilitate the escape of an inmate. Furthermore, the public body may refuse to confirm or deny the existence of such information.
The following law enforcement information may, however, be disclosed:
• reports of routine inspections;
• statistics relating to the success rate of law enforcement; and
• statistics relating to decisions to prosecute.
Repetitive or incomprehensible request
Your request can be disregarded if it is repetitive or incomprehensible or if it is for information that has already been provided to you.
Exceptions related to government information
For exceptions more relevant to government information, see
Accessing Government Information in Newfoundland and Labrador.
HOW DO I MAKE A REQUEST?
1. Check whether the information is publicly available
2. Contact public bodies
Call the public body and ask to speak with its Access and Privacy Coordinator (for contact information, see:
http://www.justice.gov.nl.ca/just/civil/atipp/coordinators.htm). Ask whether the public body is willing to provide access to the information you want. Such informal methods can be effective. Note, however, that informal access to information requests do not trigger time limits for responding to you, nor do they trigger certain rights, such as the right to complain to the Information and Privacy Commissioner.
3. Identify the appropriate public bodies
a) Determine whether the body is subject to access to information law Public bodies under the
Act include the Department, Crown corporations, corporations or other bodies, most of whose members are appointed by government, and local public bodies. They do not include members of the House of Assembly or the courts.
b) Determine whether the information is in the custody or control of the public body Access to information laws only apply to records in the custody or control of a public body. If a record is destroyed, it is no longer in the custody or control of a public body, but it is an offence to wilfully destroy records in order to evade an access request.
4. Frame your request carefully
a) Use government directories to identify likely sources of information b) Request "records" Request access to records, not to information, because "record" has a specific and broad definition which includes: "information that is written, photographed, recorded or stored in any manner, but does not include a computer program or a mechanism that produced records on any storage medium.”
c) Request indexes, catalogues, and other records-management aids
If you are seeking information that spans a broad area or could involve many records, you should first consider requesting indexes, file lists, file plans, and other records-management aids. These records of records can help you narrow your request and choose only the most relevant materials. This process can also shed light on other issues you may not have been aware of. The only drawback is that this is a two step request process: once you decide which records you would like, you must file another request to which the public body will have 30 days to respond.
d) Be specific
Unless you absolutely need it, try not to request everything available on a subject so as to ensure a faster and less costly response. In addition, the more specific your request is, the less likely the public body will request a time limit extension on the grounds that answering the request within 30 days would unreasonably interfere with its operations.
5. If you need help
If you need help, ask the relevant public body. It is required to help you with your request. For contact information, see:
http://www.justice.gov.nl.ca/just/civil/atipp/coordinators.htm.
DO I HAVE TO USE A FORM?
You must use a form unless you have a limited ability to read or write in English, or unless you have a disability that impairs your ability to make a request in writing. The form can be found at:
http://www.justice.gov.nl.ca/just/civil/atipp/forms.htm.
WHAT WILL IT COST?
There is a $5 application fee for making an access request. In general, there are no additional fees for producing the record.
HOW LONG WILL IT TAKE?
The public body must make every reasonable effort to respond to your request within 30 calendar days of receiving it. If your request is transferred to another public body, the transfer must be done within seven days and the new body must respond to you within 30 days of receiving your request.
A transfer to another body is only allowed when:
• the record is in the custody or under the control of the public body to which your request is being transferred; or
• the record was produced by or for the public body to which your request is being transferred.
A public body can extend the time limit for responses by up to an additional 30 days. The time limit for responses may only be extended when:
• your request does not provide enough detail for the public body to identify the requested record;
• you have requested a large number of records, or a large number of records must be searched, and responding within 30 days would unreasonably interfere with the operations of the public body; or
• the public body needs time to consult with a third party or another public body before deciding whether to grant access to a record.
Failure to respond to a request within 30 days is considered a denial of access. You can complain to the Information and Privacy Commissioner about both denial of access and failure to respond on time.
WHAT ARE MY OPTIONS REGARDING FORMAT?
Copies v. originals
You may have copies sent to you or you may view the originals. A public body may impose one format (copy or original) depending on considerations of length, condition, and form.
Language
In Newfoundland and Labrador, you do not have the option of requesting that information be provided in a language other than English.
Alternative formats
A public body is not required to provide records in alternative formats for the hearing or seeing impaired. It will nevertheless often try to accommodate such requests.
Electronic format
If the record can be reproduced using the public body's normal equipment, a public body will provide you with an electronic copy. The body may refuse to provide an electronic copy if to do so would unreasonably interfere with its operations.
WHAT CAN I DO IF MY REQUEST FOR ACCESS IS DENIED?
If you are not satisfied with a public body’s response to your access request, you have two avenues of appeal. First, you have the right to complain to the Office of the Information and Privacy Commissioner (OIPC). Alternatively, you may apply to a judge of the Supreme Court Trial Division. The OIPC can only make recommendations, whereas a court can make binding decisions. Nevertheless, the OIPC process is generally faster and less costly than going to court.
Note that if you choose to approach the court, you cannot also request a review from the OIPC, although another party may do so.
For more information, see
Appealing Access to Information Decisions in Newfoundland and Labrador.
