Newfoundland and Labrador Teachers’ Association, as Representative of its members who are Third Parties to a Request as defined under the Access to Information and Protection of Privacy Act, 2015 v. Her Majesty the Queen in Right of Newfoundland and Labrador, et al.
(Newfoundland & Labrador) (Civil) (By Leave)
Access to information - Access to Information — Request for disclosure of information under the Access to Information and Protection of Privacy Act — Principles applicable — Whether the public has a legitimate and significant interest in the identities of people who receive public money — How should courts balance contrasting elements of the dual purposes of the Act namely ‘public access’, and ‘protection of privacy’ — How should courts protect personal information and what constitutes an unreasonable invasion of personal privacy in Canada.
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A local journalist requested the “name, job title and corresponding taxable income for the 2015 tax year for all English School District employees earning more than $100,000”. After evaluating the request, the English School District notified the affected employees that, subject to any appeal, it would disclose the information under the Access to Information and Protection of Privacy Act, 2015, SNL 2015, c. A 1.2. The applicant appealed the decision. Butler J. allowed the appeal, and denied the request for disclosure pursuant to the Act. A majority of the Court of Appeal set aside the decision of Butler J. and restored the decision of the English School Board requiring disclosure of the names. Welsh J.A., dissenting, would have held the Act precluded disclosure of the names.
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