On December 6, 2024, Memorial University President Neil Bose informed me that the university had decided to follow the Information and Privacy Commissioner’s recommendation to conduct a line-by-line review of the Associate Vice-President of Harlow’s employment contract. This review aimed to determine which information, if any, should be redacted before providing a new response after initially refusing to provide the contract.
A week later, on December 12, 2024, University Privacy Officer Maggie Noseworthy issued a new response. The employment contract was disclosed, but most of its content was heavily redacted. Noseworthy justified the redactions by asserting that United Kingdom privacy laws apply to the contract. She stated that Memorial treats the contract’s details as if it were a private-sector employee. According to this perspective, the university is not obligated to disclose such details merely because it possesses a copy of the contract.
However, the Information and Privacy Commissioner’s report reached a different conclusion. The Commissioner stated that Memorial University and MUN (UK) Ltd are “inextricably linked” and clarified that despite being governed by UK laws, the contract falls under the custody and control of a public body in Newfoundland and Labrador. The Commissioner noted:
“While ATIPPA, 2015 may permit this Office to consider the laws in the UK as a factor to consider in the applicability of section 40 of ATIPPA, 2015, it is ultimately the law in this jurisdiction that is determinative to the contract, as it is in the custody and control of Memorial.”
Memorial refused to provide the contract to the Office of the Information and Privacy Commissioner, preventing an independent determination of whether some of the information within the contract may be subject to section 40.
Given these developments, I have filed a new complaint with the Office of the Information and Privacy Commissioner, as I believe the redactions were improperly applied.
Download the employment contract 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.
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