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Privacy commission sides with City of Salmon Arm in Freedom of Information dispute
The commissioner found 1,516 pages included privileged legal advice and no evidence of crime or fraud.
- On Aug. 31, Office of the Information and Privacy Commissioner adjudicator Hans Hwang confirmed the City of Salmon Arm's decision to withhold records, upholding the city's use of Section 14 of FIPPA.
- The applicant sought access to information regarding a Wildfire Interface Covenant registered on their property, with records consisting of approximately 1,516 pages across 24 sets of email chains.
- Hwang determined communications between City Legal Counsel and City Staff were protected by solicitor-client privilege and found "no evidence of crime or fraud" to override the withholding.
- The applicant's arguments that the city obtained advice to justify "misrepresentation of authority" and that disclosure served the public interest were rejected by Hwang as having "no basis in evidence."
- While the OIPC upheld the withholding of disputed records, some issues were resolved through mediation, with the city disclosing additional information to the applicant under FIPPA.
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Salmon Arm Observer+2 Reposted by 2 other sources
Privacy commission sides with City of Salmon Arm in Freedom of Information dispute
Withheld legal advice protected under solicitor-client privilege
·Salmon Arm, Canada
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