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Newfoundland and Labrador moves closer to appointing new privacy commissioner

by HR Law Canada

Newfoundland and Labrador Speaker of the House of Assembly Derek Bennett has submitted a resolution to appoint a new Information and Privacy Commissioner, following a comprehensive selection process that identified one qualified candidate.

The selection process, governed by Section 85 of the Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015), began after the departure of the former commissioner on May 6, 2024. Bennett established a selection committee comprising senior officials: the Clerk of the Executive Council, the Clerk of the House of Assembly, the Chief Judge of the Provincial Court, and the President of Memorial University, or their designates.

The committee received support from the Public Service Commission, which assisted with screening, scheduling, and interviewing candidates, and provided merit-based evaluations. The process was consistent with the Independent Appointments Commission Act, ensuring transparency and fairness in the recruitment of statutory officers.

“The committee, working with the Public Service Commission to support a merit-based process, advertised widely for the position of Information and Privacy Commissioner to increase the pool of potential qualified candidates,” Bennett said.

Candidates were evaluated based on criteria including significant management and leadership experience, knowledge of access and privacy legislation, mediation and adjudication experience, and a related university degree. Interviews were conducted in July, and the committee presented a recruitment recommendation report to the Speaker on Aug. 1, which included a roster of one qualified candidate.

The Information and Privacy Commissioner serves as an independent, non-partisan officer responsible for advisory, educational, investigatory, and reporting functions under ATIPPA, 2015. The role requires strategic leadership and oversight of programs related to information access and privacy rights for the public and public bodies.

Before bringing the resolution to the House of Assembly, Bennett consulted with the premier, the leader of the Official Opposition, and the representative of the third party on the Management Commission. The consultation process included opportunities for leaders to meet with the selection committee and ask questions.

“I am confident that the selection committee, consisting of four competent senior leaders in their respective organizations, have complied with their statutory obligations, and I thank them for their dedication and commitment to this work,” Bennett said. “In accordance with the legislation, a resolution has been placed before the House to appoint the qualified candidate.”

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