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M-937

Document		M-937


File #		M-9700029


Institution/HIC		Metropolitan Toronto Police Services Board


Summary		The Metropolitan Toronto Police Services Board (the Police) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to all information relating to the requester's arrest which occurred on a specified date. The requester specifically identified some of the records which he was seeking, including a copy of his fingerprints and photographs. The Police issued a decision in which they granted partial access to the records they identified as responsive to the request. The Police denied access to the remaining responsive portions of the records pursuant to several exemptions under the Act . The Police also advised the requester that inquiries concerning photo images should be directed to two named individuals of the Photo Section. With respect to the requester's fingerprints, the Police indicated that the requester must attend at the Forensic Identification Services in person to verify his identity prior to receiving a copy of these records. The Police provided the requester with the name of the individual to be contacted in this regard. The requester (now the appellant) appealed this decision. During the mediation stage of the appeal, the Police released a photocopy of the appellant's photo image. The appellant, on the other hand, confirmed that the only records that he is still seeking are copies of his fingerprints. The right of the appellant to obtain access to these records is not at issue in this appeal. The Police agreed to provide the appellant with full access to the records. They maintained, however, that the appellant must first attend at the Forensic Identification Services, in order to verify his identity. This office provided a Notice of Inquiry to the appellant and the Police. Representations were received from the Police only.


Legislation		MFIPPA 36(1)


Subject Index		method of access


Signed by		Laurel Cropley


Published		May 13, 1997


Type		Order


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