'An unnecessary invasion of privacy': NL teachers' union pleased with judge's ruling on salary disclosure
Justice Gillian Butler says releasing names of public servants an unreasonable invasion of privacy
A court ruling that determined the release of names and salaries of public sector workers is an unreasonable invasion of privacy is being welcomed by the association representing teachers in Newfoundland and Labrador.
But new legislation passed this fall by the provincial government may render the decision immaterial.
Overall it's what we expected.- James Dinn
Supreme Court Justice Gillian Butler delivered her ruling on Thursday, essentially stating that while members of the public should have the right to use the province's access to information laws to obtain salary details, that right should not extend to a person's identity.
"Overall it's what we expected," said Newfoundland and Labrador Teachers' Association (NLTA) president James Dinn.
"It upheld our point of view and our position that the Sunshine List, using ATIPPA to release personal information such as names and salaries, was an unnecessary invasion of privacy."
It's the latest chapter in a dispute that began earlier this year when The Telegram asked for the names, job titles and taxable income for 2015 for all public sector workers earning more than $100,000.
The full information for roughly 2,600 employees was released by core government departments, along with other public bodies such as Memorial University, Nalcor, and the Royal Newfoundland Constabulary.
Others, including the NLTA, objected and took the matter to court.
The case was heard by Butler in mid-November, with the teachers' association arguing that releasing names could "cause potential harm" to its members.
The Office of the Information and Privacy Commissioner argued that the release of names was not an unreasonable invasion of privacy.
Butler disagreed.
Privacy commissioner Donovan Molloy said a decision will be made early in the new year about whether to appeal the ruling.
What's more, he said the new Public Sector Compensation Transparency Act, passed this fall in the legislature, may make Butler's ruling irrelevant.
Under this Act, workers earning over $100,000 will have their salary details and names published each year, unless they can establish that they're entitled to a personal or group exemption.
Finance Minister Cathy Bennett defended the new legislation at the time, saying "I think we have a responsibility as a government to provide that information, as has been requested."
Dinn signalled the NLTA may also challenge the legislation.
"Where we go next is something we have to sit down with legal counsel and our executive to figure out next steps and how it may apply to the legislation that's brought in," he said.