Frequently Asked Questions

  1. What is ATIPPA?

    ATIPPA stands for the Access to Information and Protection of Privacy Act. The ATIPPA came into force on January 17, 2005, with the exception of Part IV (Protection of Privacy) which was subsequently proclaimed on January 16, 2008.

  2. What is the purpose of ATIPPA?

    Under the access provisions of the Act, individuals and organizations who wish to obtain access to records in the control or custody of a public body may do so by completing the appropriate form and forwarding it to the public body having custody or control of the information being sought. With respect to the privacy provisions, the Act limits the extent to which and means by which public bodies can collect personal information from citizens. It also limits the extent to which public bodies can use and disclose that information, and imposes a duty to protect the information by making reasonable arrangements to protect it from unauthorized access, use or disclosure.

  3. What is the ATIPPA Review Committee?

    The Act requires that every five years a review committee be appointed by the Government of Newfoundland and Labrador to conduct a comprehensive review of the Access to Information and Protection of Privacy Act. The review by the present committee will, of course, include review of amendments made as a result of Bill 29. The terms of reference establishing the Review Committee requires it to provide recommendations arising from the review to the Minister Responsible for the Office of Public Engagement.

  4. Who are the members of the ATIPPA Review Committee?

    The ATIPPA Review Committee members are Clyde K. Wells, QC, who serves as chair, Jennifer Stoddart, and Doug Letto. On March 18, 2014, the Honourable Tom Marshall, Premier of Newfoundland and Labrador announced that these three individuals – with expertise in law, privacy legislation, and journalism - had been appointed to the Committee.

  5. Why is the Committee reviewing the Access to Information and Protection of Privacy Act?

    Section 74 of the Access to Information and Protection of Privacy Act states that “After the expiration of not more than 5 years after the coming into force of this Act or part of it and every 5 years thereafter, the minister responsible for this Act shall refer it to a committee for the purpose of undertaking a comprehensive review of the provisions and operation of this Act or part of it.”

  6. Is this the first review of ATIPPA?

    No. The first legislative review of ATIPPA commenced in 2010 and resulted in amendments that came into force on June 27, 2012. The current review constitutes the second statutory review of this legislation.

  7. What is the role of the Committee Members?

    The Committee will conduct a comprehensive review of the Act which will include, but not be limited to, identifying ways to make it more user friendly so it can be interpreted and applied consistently; assessing the ‘right of access’ and ‘exceptions to access’; examining the ‘review and complaints’ provisions and the powers of the Information and Privacy Commissioner; examining the time limits for responding to requests; reviewing whether any additional uses or disclosures of personal information should be permitted or issues related to protection of privacy; and, whether the current fee schedule is appropriate.

  8. How can citizens and stakeholder groups participate and contribute to the review process?

    The Review Committee will be sending out notices in provincial papers and other media to invite citizens and stakeholder groups to participate in the review process. Individuals can also provide comments to the Review Committee as follows:

    • write to ATIPPA Review Committee, Suite C, 83 Thorburn Road, St. John’s, NL, A1B 3M2
    • fax to (709) 729-2724
    • call (709) 729-2605 or toll free at 1-844-729-2605 to schedule an appointment, or
    • send an email to info@parcnl.ca

    The review will be conducted in an open, transparent and respectful manner and will engage citizens and stakeholders in a meaningful way. Protection of personal privacy will be assured.

  9. Will the Review Committee conduct hearings and public consultations?

    Yes, the Review Committee will conduct hearings and public consultations throughout the province to hear representations from those persons or entities, who in response to invitations and notices published by the Committee, indicate in writing a desire to make a representation to the Committee.

  10. Will there be live streaming of the hearings and public consultations?

    Yes, there will be live streaming of the hearings and public consultations via the ATIPPA Review Committee website (www.parcnl.ca).

  11. Will the Review Committee look at standards and leading practices in other jurisdictions?

    The Committee will conduct an examination of leading international and Canadian practices, legislation and academic literature related to access to information and protection of privacy legislative frameworks and identify opportunities and challenges experienced by other jurisdictions.

  12. Will the Committee consult with the Information and Privacy Commissioner of Newfoundland and Labrador?

    Yes, the Committee will consult with the Information and Privacy Commissioner regarding any concerns of the Commissioner with existing legislative provisions, and the Commissioner’s views as to key issues and leading practices in access to information and protection of privacy laws.

  13. What will be included in the Final Committee Report and Recommendations?

    The terms of reference establishing the Review Committee require that its report include:

    an executive summary; a summary of the research and analysis of the legislative provisions and leading practices in other jurisdictions; a detailed summary of the public consultation process including aggregate information regarding types and numbers of participants, issues and concerns, emerging themes, and recommendations brought forward by citizens and stakeholders; and detailed findings and recommendations, including proposed legislative amendments, for the Minister’s consideration.

  14. When will the final report be submitted to government?

    The Terms of Reference does not specify a deadline on the submission of the final report but the current planning of the Review Committee anticipates that its work will be completed by the end of this year.

  15. Will the final report be released to the public?

    Yes. The Government of Newfoundland and Labrador news release of March 18, 2014 stated the final report will be released publicly and all recommendations carefully considered by government.