Memorial University must disclose the employment contract of its Associate Vice-President for Harlow Campus in the United Kingdom, the province’s Information and Privacy Commissioner has ruled, rejecting Memorial’s argument that the information should be withheld due to privacy concerns and jurisdictional differences.
The decision follows a dispute over Memorial’s refusal to fully disclose the employment contract, claiming that disclosure would violate personal privacy under Newfoundland and Labrador’s Access to Information and Protection of Privacy Act, 2015 (ATIPPA). Memorial initially withheld the document entirely, later providing a heavily redacted version that included only minimal information such as names, paragraph headings, general jurisdiction details, and signature blocks.
In its submission to the Commissioner, Memorial argued that the employment contract was governed by U.K. law, specifically highlighting that the employee was hired by MUN (UK) Limited, a separate entity operating under British legislation. Memorial asserted that disclosure would breach U.K. privacy laws and constitute an unreasonable invasion of the employee’s personal privacy under Newfoundland and Labrador legislation.
However, the Privacy Commissioner determined that MUN (UK) Limited is, in fact, part of Memorial University. The decision emphasized that MUN (UK) is a limited guarantee company wholly controlled by Memorial, with its operations substantially integrated into Memorial’s core educational mandate. The ruling noted that the campus in Harlow receives significant financial support from Memorial, relies primarily on provincial government funding, and is explicitly presented as one of Memorial’s official campuses.
“The majority of the U.K. board of directors consists of officers of Memorial: the President, the Vice-President (Academic), and the Vice-Chair of the Memorial Board of Regents,” the ruling stated. It further clarified that strategic, financial, and administrative decisions at Harlow are subordinate to Memorial’s governance, cementing the UK entity’s status as part of Memorial University.
Custody and control
Memorial had also contended it merely possessed, rather than controlled, the employment contract, referencing recent court decisions related to separate entities. The Privacy Commissioner dismissed these arguments, reaffirming Memorial’s custody and control, pointing out that the document was signed by Memorial’s President, who also chairs the MUN (UK) board, further indicating direct university control.
Privacy concerns dismissed
Addressing Memorial’s privacy concerns, the Commissioner clarified that the employment terms, including salary and benefits, fall under information categories routinely disclosed under the Act. While some personal details, such as home addresses and signatures, are protected, the ruling emphasized the importance of transparency and public accountability, especially given that the university receives substantial public funding.
“In the expenditure of public money, confidentiality must take second place to transparency and accountability,” the Commissioner’s decision stated, underscoring the prevailing public interest in disclosure.
No jurisdictional conflict
The Commissioner further dismissed Memorial’s assertion that U.K. privacy legislation overrides Newfoundland and Labrador law regarding access to the document. The ruling clarified that the document disclosure in question pertains solely to provincial jurisdiction, rendering U.K. privacy laws irrelevant in this context.
“Any dispute between the parties or any interpretation issue arising out of that contract would be dealt with in the manner provided for in that jurisdiction,” stated the Commissioner. “However, disclosure by a public body in this jurisdiction is not an act subject to U.K. law.”
Final recommendations
The Privacy Commissioner recommended Memorial disclose the employment contract, allowing only the redaction of specific personal information, such as home addresses and signatures. Memorial is required to respond to the recommendation within ten business days.
For more information, see Report A-2025-015.
