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Document
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I93-036P
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Institution/HIC
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MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS
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Summary
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INTRODUCTION Background of the Complaint This investigation was initiated as a result of a complaint concerning the Ministry of Consumer and Commercial Relations (the Ministry). The Ministry had conducted an internal investigation of a complaint of harassment made against the complainant by another Ministry employee (the aggrieved employee), under a Sexual Harassment Directive (the Directive) dated January 1991, which applied to all ministries subject to the Management Board of Cabinet directives. In response to our draft report, the complainant indicated that the policy in question was an Ontario Public Service policy which strengthened the sexual harassment provisions of the existing Personal Harassment policy. The finding of the Ministry's investigation was that the complainant had harassed the aggrieved employee. Sometime after the first harassment complaint was made, the aggrieved employee complained that the harassing behaviour was continuing, and a second investigation was initiated by the Ministry. This investigation was conducted by an investigator from another ministry, who was appointed through the Workplace Discrimination and Harassment Prevention Branch of Management Board Secretariat. While the second investigation was ongoing, an incident related to the second harassment complaint occurred. Copies of a letter written by the second investigator to the complainant were discovered by the complainant's Manager and by the aggrieved employee, in open areas near the elevator banks of the Ministry's office building. The complainant believed that during the course of the above investigations, the Ministry had breached the Freedom of Information and Protection of Privacy Act (the Act ) in the following ways: 1. The first harassment complaint was disclosed to various individuals who were not allowed access to it, according to the terms of the Directive; 2. A covering letter written by the Ministry to the complainant to accompany the harassment complaint was disclosed to the aggrieved employee; 3. The Ministry disclosed the letter from the second investigator to the complainant by leaving it in open areas of the office building; and 4. The information about the complainant that the Ministry had collected and used to write the harassment investigation report was inaccurate. Issues Arising from the Investigation The following issues were identified as arising from the investigation: (A) Did the harassment complaint, the covering letter that accompanied the harassment complaint, and the letter from the second investigator to the complainant contain the complainant's "personal information", as defined in section 2(1) of the Act ? If yes, (B) Was the complainant's personal information in the harassment complaint disclosed to various individuals in accordance with section 42 of the Act ? (C) Was the complainant's personal information in the covering letter disclosed to the aggrieved employee in accordance with section 42 of the Act ? (D) Was the complainant's personal information in the letter from the second investigator disclosed by the Ministry in accordance with section 42 of the Act ? (E) Did the Ministry take reasonable steps, in accordance with section 40(2) of the Act to ensure that the complainant's personal information was accurate and up to date, before using it to write the harassment investigation report? RESULTS OF THE INVESTIGATION Issue A: Did the harassment complaint, the covering letter that accompanied the harassment complaint, and the letter from the second investigator to the complainant contain the complainant's "personal information", as defined in section 2(1) of the Act ? Section 2(1) of the Act defines "personal information" as recorded information about an identifiable individual, including, ... (d) the address, telephone number, fingerprints or blood type of the individual, ... (g) the views or opinions of another individual about the individual, and (h) the individual's name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual; In our view, since the first harassment complaint contained the complainant's name, as well as recorded information about the harassment allegations against the complainant, it contained the complainant's "personal information", as defined in sections 2(1)(g) and (h) of the Act . The covering letter contained the complainant's name and address, and indicated that an internal formal complaint had been filed. The letter also contained references to the complainant's right to representation and to examine the allegations and identify witnesses and documentation to support the complainant's position. It also included the fact that an appointment would be made with the complainant to discuss the allegations and the complainant's defence. Since the covering letter contained the above recorded information about the complainant, in our view, it contained the complainant's "personal information" as defined in sections 2(1)(d), (g), and (h) of the Act . The letter from the second investigator to the complainant contained the complainant's name and address, and indicated that a harassment complaint had been filed against the complainant. It included the details of the complaint, copied from the complaint letter. Since the letter from the second investigator to the complainant contained the above recorded information about the complainant, we believe it contained the complainant's "personal information" as defined in sections 2(1)(d), (g), and (h) of the Act . Conclusions: The harassment complaint, the covering letter that accompanied the harassment complaint, and the letter from the second investigator to the complainant contained the complainant's personal information, as defined in section 2(1) of the Act . Issue B: Was the complainant's personal information in the harassment complaint d
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Legislation
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Subject Index
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Signed by
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Ann Cavoukian
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Published
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Mar 04, 1994
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Type
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Privacy Complaint Report
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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