On September 9, 2025, the Office of the Information and Privacy Commissioner (OIPC) released a report recommending that Memorial University release its investigation report into the alleged misconduct by former president Neil Bose. He appointed his personal friend and co-author to the Associate Vice-President Harlow Campus and Global Partnership position, which many view as a conflict of interest.
When I initially filed an access-to-information request for the report, Memorial responded that all information in the report was covered by section 40(1) (disclosure harmful to personal privacy) of the ATIPP Act.
Memorial provided no explanation to the OIPC as to how section 40(1) applied to the material. OPIC reviewed the material and recommended that Memorial conduct a line-by-line assessment of the record and provide a new response disclosing any information that cannot be withheld pursuant to section 40.
OIPC stated that section 40(2)(f) deems the disclosure of personal information related to a third party’s position or functions as an employee of a public body not an unreasonable invasion of privacy. OIPC said the record contains many different opinions. Section 40(2)(h) requires the disclosure of opinions given in the course of performing services for a public body. Even when the disclosure of personal information is presumed to be an unreasonable invasion of privacy, factors at section 40(5) must still be considered, including whether disclosure is desirable for the purpose of subjecting the activities of a public body to public scrutiny (section 40(5)(a)).
However, section 40(5)(h) requires consideration of whether disclosure may unfairly damage the reputation of a person referred to in the record. OPIC stated that it is difficult to label “unfair” the results of a properly conducted investigation. In its submissions to the OIPC on this matter, Memorial did not allege that the Protected Disclosure Policy was managed unfairly.
Download the OIPC 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.
Leave a Reply