Section 46 - Protection Against Libel or Slander Actions

Overview

This section provides individuals supplying or producing information for an investigation or inquiry conducted by the Commissioner with the same protection as if the investigation or inquiry were before the court.

Section Reference

Section 46 of the Freedom of Information and Protection of Privacy Act

Anything said, any information supplied or any record produced by a person during an investigation or inquiry by the commissioner is privileged in the same manner as if the investigation or inquiry were a proceeding in a court.

Summary

This section provides persons giving evidence before the Commissioner the same protection against libel or slander actions as they would have were they giving the same evidence in court. 

Interpretation

"privileged" means in the law of evidence, the right of the State or some person or the duty of a witness to withhold otherwise admissible and relevant evidence from a court of law [DCL].

"produced by" means brought forward for consideration, inspection or use [OED 9th].

Sectional Index of Commissioner's Orders

For orders organized by the Act's section numbers, Click here.

For a summary of Commissioner's orders and policy interpretation of key points, Click here.

Last updated: July 25, 2007