Information commissioner chides Environment Department
Last Updated: Wednesday, February 25, 2009 | 3:42 PM AT
CBC News
P.E.I.'s acting information commissioner has rejected the Environment Department's argument that it has its own guidelines about releasing records to the public.
Commissioner Judy Haldemann told CBC News Tuesday that she ruled the department doesn't have the final say in what documents can be released. She also chided department officials for questioning why an applicant wanted details on an environmental assessment on a private project.
The department maintained the applicant had no pressing need for the information.
Haldemann said the guidelines for releasing information are in the province's Freedom of Information and Protection of Privacy Act.
"There's nothing in the FOIPP Act that says you have to give a reason or makes any mention of a reason for requesting access to information," she said.
Name of person seeking information remains secret
In 2007, an individual requested details of an environmental assessment undertaken by the department, including what conditions the province had placed on the company involved and the names of people who had signed petitions against the project.
Under the FOIPP, the name of the person looking for information and many details of the case are confidential.
Haldemann ruled disclosing the information could hurt the company because the documents contained private information, including financial statements.
Of the 85 documents requested, the department only provided 26 complete documents, blacking out information on 44 documents, and the remaining 15 pages were blank. In her recent decision, Haldemann ruled blank pages are not a reasonable option.
She said although the names listed on several petitions against the project could be blanked out for privacy reasons, the number of people that had signed each petition must be revealed.
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