The Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015) gives individuals a right of access to records that are in a public body’s custody or control. ATIPPA, 2015 also protects the privacy of personal information that public bodies hold, and regulates the way in which public bodies collect, use, disclose, and protect personal information. Individuals can also ask for correction of their personal information where the information is factually incorrect.
Access
Public bodies include all provincial government departments, provincial government agencies, Crown corporations, House of Assembly, Memorial University, College of the North Atlantic, NL Health Services, school districts, municipalities, and municipally-owned or created corporations.
The right of access under ATIPPA, 2015 is not absolute, but it is a right that applies to all records that are in the custody or control of public bodies. Records can be in any form, including paper, electronic form, photographs, and audio recordings.
Sections 27 to 41 of ATIPPA, 2015 set out the exceptions to access and fall into two broad categories: mandatory and discretionary.
If a mandatory exception applies, the public body must withhold the information. For some mandatory exceptions, a public body will need to redact the entire record. Mandatory exceptions include:
- cabinet confidences;
- information from a workplace investigation (unless the request is from a party to the investigation);
- where disclosure is harmful to business interests of a third party;
- where disclosure would be an unreasonable invasion of a third party’s personal privacy; and
- certain House of Assembly service and statutory office records.
Public bodies may use their discretion on whether or not to apply the other exceptions. Some of these exceptions are subject to the public interest per section 9 of ATIPPA, 2015, which we have marked with an asterisk. Discretionary exceptions to access include:
- information that would reveal public body confidences*;
- information that would reveal policy advice or recommendations*;
- legal advice*;
- where disclosure would be harmful to law enforcement;
- confidential evaluations*;
- where disclosure would be harmful to intergovernmental relations or negotiations*;
- where disclosure would be harmful to the financial or economic interests of a public body*;
- where disclosure would be harmful to conservation*;
- where disclosure would be harmful to individual or public safety; and
- where disclosure would be harmful to labour relations interests of public body as employer*.
Privacy
ATIPPA, 2015 also protects the privacy of personal information that public bodies hold, and regulates the way in which public bodies collect, use, and disclose personal information. Individuals have a right to obtain access to their own personal information and to ask public bodies for a correction of personal information where information is factually incorrect.
You must report all breaches of privacy to our Office.