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Document
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P-1212
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File #
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P-9600096 and P-9600098
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Institution/HIC
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Algonquin College of Applied Arts and Technology
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Summary
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NATURE OF THE APPEAL: Algonquin College of Applied Arts and Technology (the College) received two requests under the Freedom of Information and Protection of Privacy Act (the Act ). The first requester (Appeal P-9600096) wanted information concerning "the terms, conditions and dollar amounts for the separation package for the former Algonquin College President", including "sick leave paid, severance and any other financial benefit, ... such as extended health care coverage." The second requester (Appeal P-9600098) asked for information concerning "payments or perquisites" received by the former President, and how any such payments affected his retirement arrangement. The former President of the College stepped down from his duties in January 1996. He is concluding his current six year contract with the College by taking a one year sabbatical, in accordance with the terms of his employment agreement. The College identified the same record as responsive to both requests, namely, the former President's employment agreement, including an attached schedule. The College denied access to both requests on the basis of the following exemption: invasion of privacy - section 21(1) The College also claimed that the amount of salary and benefits paid to the former President in 1995 was soon to be published in accordance with section 3(1) of the Public Sector Salary Disclosure Act, 1996 (the PSSD ), and that section 22(b) of the Act (information to be published) applied as an additional exemption claim with respect to the portions of the record containing this type of information. Both requesters (now the appellants) appealed the College's decision to deny access. This office sent a Notice of Inquiry to both appellants, the College and the former President. Because the appellant in Appeal P-9600096 raised the possible application of section 23 of the Act (the so-called "public interest override") in his appeal letter, all parties in both appeals were asked to address this issue in their representations. Representations were received from the appellant in Appeal P-9600096 and the College, but not from the former President or the appellant in Appeal P-9600098. Because the same record is responsive to both requests, I have decided to issue one order which will dispose of all issues in both appeals. PRELIMINARY ISSUE: Shortly after both appeal files were opened, the College published the salary and benefit figures for its employees who earned at least $100,000 in 1995, in accordance with the PSSD . The former President was among these employees. As a consequence, section 22(b) and the amount of salary and benefits disclosed pursuant to the PSSD are no longer at issue in these appeals. DISCUSSION: INVASION OF PRIVACY Under section 2(1) of the Act , "personal information" is defined, in part, to mean recorded information about an identifiable individual. The appellant in Appeal P-9600096 submits that the record does not contain personal information because information concerning the salary and benefits of employees of the College is not specifically listed among the types of information in paragraphs (a) through (h) of the definition of personal information, nor is it akin to any of these types of information. This appellant also acknowledges that the types of information listed in these paragraphs is not exhaustive. Having reviewed the record, in my view, it contains recorded information about an identifiable individual, the former President, and I find that this information falls within the definition of personal information in section 2(1). The information relates to the former President only, and not to either of the appellants. Once it has been determined that a record contains personal information, section 21(1) of the Act prohibits the disclosure of this information except in certain circumstances. One of these circumstances is found in section 21(1)(f), which reads: A head shall refuse to disclose personal information to any person other than the individual to whom the information relates except, if the disclosure does not constitute an unjustified invasion of personal privacy. Section 21(4)(a) of the Act identifies particular types of information, the disclosure of which does not constitute an unjustified invasion of personal privacy. Section 21(4)(a) reads: Despite subsection (3), a disclosure does not constitute an unjustified invasion of personal privacy if it, discloses the classification, salary range and benefits, or employment responsibilities of an individual who is or was an officer or employee of an institution or a member of the staff of a minister; Because the former President was an officer or employee of the College, section 21(4)(a) is relevant in the circumstances of these appeals. The words "[d]espite subsection (3)" do not limit the application of section 21(4) to those types of information identified in section 21(3); rather, they identify types of information that the legislature clearly intended to fall within the exception contained in section 21(1)(f). Generally speaking, if a record contains information of the type described in section 21(4)(a), the exception to the section 21 exemption contained in section 21(1)(f) will apply (Order M-23). In its representations with respect to section 21(4)(a), the College submits that the former President's salary and benefit information has been published in accordance with the requirements of the PSSD . Section 3(1) of the PSSD states: Not later than March 31 of each year beginning with the year 1996, every employer shall make available for inspection by the public without charge a written record of the amount of salary and benefits paid in the previous year by the employer to or in respect of an employee to whom the employer paid at least $100,000 as salary. It is important to note that section 3(1) requires only that the amount of salary and benefits be published. Section 3(2)(d) of the PSSD provides that the term "benefit" for the purpose of the public disclosure requirements of section 3(1) is: the amoun
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Legislation
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FIPPA
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21(1)(f)
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21(4)(a)
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22(b)
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Subject Index
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Signed by
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Tom Mitchinson
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Published
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Jun 20, 1996
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Type
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Order
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Information and Privacy Commissioner of Ontario. All Rights Reserved.
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