True/False Quiz Rtk Week: Office Of The Information And Privacy Commissioner Nl

False. There are no exemptions in the Act that allow public bodies to withhold information because it might embarrass them or potentially be used for other purposes by applicants. Applicants’ motives and intent with respect to usage of information is irrelevant. The only exception arises in circumstances where public bodies can establish that an applicant is being vexatious or acting in bad faith as a basis for seeking approval from the OIPC to disregard an ATIPP request.

True. Knowing that public body decisions may be subject to scrutiny means that decision makers are more aware of the need to make decisions that are in the public’s best interest.

Greater disclosure in appropriate cases enhances the quality of decision-making. For example, robust public debate and scrutiny may identify issues government has overlooked, preventing costly mistakes from being made. Openness often leads to better decisions and raises public confidence in the processes of government.

False. The importance of leadership within all government agencies to achieve open government has been a repeated finding in OIPC Reports. Leaders within public bodies need to work with the community to identity information and methods of publishing information that might be useful to the community.

To achieve the objects of the ATIPPA, 2015, public bodies need a structured and planned approach to information governance. Heads are expected to make sure their public bodies are equipped with systems, delegations of authority, staffing resources and training in order to meet their obligations under the Act.

False. It’s not just records in the physical possession of public bodies that are subject to the Act, it’s also records in their control. Where public bodies have a right to access records—even if they’re not currently stored at their premises—and someone applies to access them, public bodies have to retrieve them. This might mean getting records from contractors, private solicitors, or retrieving them from offsite storage.

False. Under the Act, a person has a right to apply for records in the possession or control of a public body. The term ‘record’ captures a broad range of information formats, including hard copy and electronic files, handwritten notes, and video or audio recordings. For example, correspondence, a work diary, CCTV footage, discs, tapes, post-it notes on files and emails fall within the scope of the Act and may be disclosed.

False. The starting point under the Act is that all information is available subject to specific exceptions. Public bodies cannot contract out of the Act’s requirements with other parties. In some circumstances, classifying or labelling a record as confidential may be considered in determining the intent of a third party, however the label itself is not determinative.

True. The ATIPPA, 2015 prevails over all other provincial legislation with the exception of the provisions listed in its Schedule A (https://www.canlii.org/en/nl/laws/stat/snl-2015-c-a-1.2/latest/snl-2015-c-a-1.2.html#Schedule_A__389137). To the extent that access to a record is prohibited or restricted by, or the right to access a record is provided in a provision in Schedule A, that provision prevails over the ATIPPA, 2015.

False. Formal access applications under the Act should be a last resort. It’s always better, and often simpler and faster, to proactively disclose information wherever possible. Depending on the type of information, public bodies could publish it on their websites or otherwise make it accessible to the public.

Where information appears to be exempt pursuant to the Act, an access to information (ATIPP) request is necessary. In many cases, under the formal process public bodies still have a discretion to disclose information that would normally be exempt from release.

False. The OIPC is the independent oversight body charged with reviewing complaints from applicants dissatisfied with your response to their ATIPP requests. While the OPIC provides guidance and advice to public bodies if requested, effective implementation of the ATIPPA, 2015 is everyone’s responsibility – from the Minister or CEO and senior executive throughout the public body. We all have a role to play. A strong culture of openness establishing clear expectations for employees about disclosure is essential. Those charged with managing information and processing ATIPP requests take their example from what they see their leaders doing.
Public bodies need to ask their stakeholders what information they would like to access. When a new record or data is created, people need to think about proactive release on the public body’s website. When a member of the community asks for information, everyone in the public body should know how, and be ready and willing, to assist them where practicable, as part of a service culture about access to information. When new information management software is being developed, a Minister or senior leadership should ensure that it has the capacity to extract information in a form that is publishable in a user friendly format.

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