Matt Barter

On November 28, 2024, Acting Information and Privacy Commissioner Newfoundland and Labrador Jacqueline Lake Kavanagh released her report on my complaint regarding Memorial University’s refusal to provide the record I requested, Associate Vice-President of Harlow and Global Partnerships employment contract.

Memorial withheld the record pursuant to section 40(1) (disclosure harmful to personal privacy) of the Access to Information and Protection of Privacy Act, 2015, claiming the employment contract is not for a public body employee as it is between a third-party individual and a third-party entity (Harlow Campus) that is governed by a separate legal entity under United Kingdom law.

Memorial claimed that they only have bare possession of the record and do not have custody or control of it. The Commissioner’s analysis of Memorial’s custody or control showed that on a balance of probabilities, Memorial does have custody or control of the record sought.

Memorial also claimed that the President of Memorial did not sign the contract in their capacity as President of Memorial but in their capacity as Chair of the Board of Directors for MUN UK, and it only has possession of the record by virtue of the President of Memorial being the Chair of the Board of Directors for MUN UK.

The Commissioner stated that Memorial’s argument completely ignores several factors that indicate Memorial is in control of the record:

• Memorial’s Board of Regents is responsible for the budget of Harlow campus which is funded from the University’s operating budget funded in a large part by public funds;

• Memorial’s Board of Regents is responsible for appointments to the Board of Directors for MUN UK;

• The Articles of Association of MUN UK designate the President of Memorial University as Chair of the Board for MUN UK;

• The Chair of the Board of Directors for MUN UK , which is the President of Memorial by designation, signed the employment contract;

• The Chair of the Board of Directors for MUN UK reports to the Board of Regents on behalf of MUN UK’s Board of Directors;

• An external accounting firm manages the accounts for the Harlow Campus under the supervision of Memorial’s chief financial officer and the director of Resource Allocation and Planning in the Provost’s Office;

• The contract is for a position created to replace the General Manager of Harlow campus with a focus on the financial sustainability of the campus. This change was implemented by Memorial as a response to the Auditor General’s Report on Memorial in October of 2023; and

• MUN UK only exists to carry out the purposes of Memorial University in operating a campus at Harlow for the education of Memorial University students.

The Commissioner recommended that Memorial conduct a line-by-line review of the employee contract as a record in its custody or control to determine what information, if any, should be withheld from the record and provide a new response within ten business days.

Download the report below:

Matt Barter is a graduate of the Humanities and Social Sciences Faculty at Memorial University of Newfoundland, holding a degree in Political Science with a minor in Sociology. He enjoys reading thought-provoking articles, taking walks in nature, and volunteering in the community.