Harvey has yet to file a response at Newfoundland and Labrador Supreme Court.īut in past correspondence that was included with the government's court submission, Harvey defended himself, saying he reviewed precedent and concluded that his former roles raised no reasonable apprehension of bias. "As a matter of procedural fairness, therefore, the commissioner should not be permitted to lead the investigation or participate in it in any manner," the province says in court filings. He also served on the board of the Newfoundland and Labrador Centre for Health Information for about two years, up to August 2019. Harvey was an assistant deputy minister of health before being appointed information and privacy commissioner in the summer of 2019. In court filings, the province says the investigation deals with issues that arose when commissioner Michael Harvey held positions of responsibility in the Department of Health, creating "a reasonable apprehension of bias." The Newfoundland and Labrador government is going to court to stop the privacy commissioner from continuing to investigate the devastating 2021 cyberattack that threw the province's health-care system into chaos.ĬBC News has obtained court documents that shed new light on the scope of the watchdog's probe and government concerns about it.
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