Section 115 of the Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015) outlines the instances in which a person may be subject to charges for an offence and the penalties for such occurrences. Section 2(t) defines the term “person” as: “includes an individual, corporation, partnership, association, organization or other entity.”
Generally, where the Commissioner believes there are reasonable grounds for a criminal prosecution based on the particular facts of each case, the Commissioner may lay a charge or charges against the person or public body. The Provincial Court of Newfoundland and Labrador will hear the proceedings at the court house located closest to where the incident occurred. To be successful, the evidence must establish the elements of the offence beyond a reasonable doubt. Section 115(2) of ATIPPA, 2015 sets out the elements of such an offence:
(2) A person who wilfully
(a) attempts to gain or gains access to personal information in contravention of this Act or the regulations;
(b) makes a false statement to, or misleads or attempts to mislead the commissioner or another person performing duties or exercising powers under this Act;
(c) obstructs the commissioner or another person performing duties or exercising powers under this Act;
(d) destroys a record or erases information in a record that is subject to this Act, or directs another person to do so, with the intent to evade a request for access to records; or
(e) alters, falsifies or conceals a record that is subject to this Act, or directs another person to do so, with the intent to evade a request for access to records,
is guilty of an offence and liable, on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term not exceeding 6 months, or to both.
If the Court is satisfied beyond a reasonable doubt that the prosecution has established any of the offences, the Court will find the person in question guilty of a criminal offence.