This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987, as amended (the "Act") which gives a person who has made a request for access to a record under subsection 24(1) or a request for access to personal information under subsection 48(1) a right to appeal any decision of a head under the Act to the Commissioner.
On January 5, 1990, the undersigned was appointed Assistant Commissioner and received a delegation of the power to conduct inquiries and make Orders under the Act.
The facts of this case and the procedures employed in making this Order are as follows:
1. On January 12, 1989, the requester wrote to the Ministry of Community and Social Services (the "institution") seeking access to:
my personal file as well as [to] obtain copies of the investigator's report ... this would include statements made by all staff in the Mississauga, Burlington, Hamilton, and Brantford offices, those interviewed outside the Ministry as well as my own interview. I am also requesting a copy of a letter concerning myself forwarded to the Minister's office from Barrier Free Design Centre in Toronto on or about July 29, 1988.
2. On February 10, 1989, the institution responded to the request in the following manner:
following the review of the documents you requested it is our intention to release as much information to you as possible, without unjustly invading the privacy of another individual (in accordance with section 49 of the Act).
Attached to the institution's response letter was a brief description of each requested record along with the exemptions claimed for those being severed or withheld in their entirety. Section 19 of the Act was also cited as an exemption being relied upon.
3. On March 1, 1989, the requester appealed the decision of the head to this office. Notice of the appeal was given to the institution and the appellant on March 8, 1989.
4. The Appeals Officer assigned to the case obtained and reviewed the records at issue in this appeal. The Appeals Officer then undertook settlement discussions with the institution and the appellant. Two persons who might be affected by the disclosure of the requested records (the "affected persons") were notified of the appeal pursuant to subsection 50(3) of the Act, and consequently were included in settlement discussions.