|
|
Document
|
|
PO-1767
|
|
|
|
|
|
File #
|
|
PA-990232-1
|
|
|
|
|
|
Institution/HIC
|
|
Ministry of Community and Social Services
|
|
|
|
|
|
Summary
|
|
NATURE OF THE APPEAL: The Ministry of Community & Social Services (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act ) for access to a copy of all records relating to the appellant, including "writings by [three named individuals]" and: notes of any conversations between [three named individuals]; any unsolicited letters, notes or phone calls received in regards to [the appellant]; reasons for instructing [one of the named individuals] to withdraw her support of the adoption application. The Ministry located 38 pages of responsive records and granted access to some of them. Access to pages 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 18 and 19, in whole or in part, was denied on the basis of section 21(1) of the Act (invasion of privacy), with reference to the considerations listed in sections 21(2)(e) (unfair exposure to pecuniary or other harm), 21(2)(f) (highly sensitive information), 21(2)(h) (information supplied in confidence) and 21(2)(i) (unfair damage to reputation) of the Act . The appellant appealed the decision to deny access, and also raised the possible application of the consideration favouring disclosure which is set forth in section 21(2)(d) (fair determination of rights) of the Act . During mediation, the appellant provided this office with a consent executed by his wife to the disclosure of her personal information to him and confirmed that the sole issue in this appeal is whether he is entitled to access to the withheld information contained in the records. The Ministry subsequently advised that, in addition to section 21(1), it was relying on the discretionary exemption in section 49(b) of the Act . A Notice of Inquiry was provided to the Ministry and two of the individuals referred to in the records who are resisting the disclosure of the information which relates to them (the affected persons). Following the receipt of the representations of these parties, I decided not to share their submissions with the appellant, based on concerns which I had about the confidentiality of the information which they contained. A Notice of Inquiry was then provided to the appellant, who also made submissions. RECORDS: The records at issue (pages 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 18 and 19) consist of an interoffice memoranda, notes and an International File Information Sheet. DISCUSSION: PERSONAL INFORMATION Under section 2(1) of the Act , "personal information" is defined, in part, to mean recorded information about an identifiable individual, including 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. The appellant submits that because all of the records relate to certain allegations made by others about him, they contain "the views and opinions of another individual (the affected persons) about the individual (himself)," as defined in section 2(1)(g) of the definition of the term "personal information." I agree with this assertion. Because all of the records relate directly to the allegations made against the appellant, they contain his personal information within the meaning of section 2(1)(g). In addition, some of the records also contain the personal information of the appellant's wife, specifically, her name along with other information relating to her marriage to the appellant (section 2(1)(h)). As noted above, during mediation the appellant's wife has consented to the disclosure of her personal information to the appellant. Many of the records also contain the personal information of the two affected persons and one other identifiable individual. In particular, the information about these individuals relates to their education, medical, psychiatric and employment history (section 2(1)(b)) and includes their addresses, telephone numbers (section 2(1)(d)) and their names along with other personal information relating to them (section 2(1)(h)). I also find that the undisclosed portion of page 10 contains only personal information which relates to the appellant. As the exemptions in section 21(1) and 49(b) cannot apply to personal information which relates solely to the requester, I find that the appellant must be given access to the undisclosed portion of page 10. Similarly, the undisclosed portion of page 18 contains only the personal information of the appellant and his wife, who has consented to the disclosure of her personal information to him. In accordance with my reasoning above, I will order that the severed portion of page 18 also be disclosed to the appellant (Orders M-1141 and PO-1756). In addition, the undisclosed information contained in page 11 was supplied by the appellant to the Ministry in the course of an interview with him and his wife. In Order M-444, former Adjudicator John Higgins found that applying the presumption in section 14(3)(b) of the municipal Act to information which the appellant or her representative originally provided to the Police would, applying the rules of statutory interpretation, lead to an "absurd result." He found that to apply the presumption in that case would be contrary to one of the purposes of the Act , which is to allow individuals to have access to records containing their own personal information unless there is a compelling reason for non-disclosure. This reasoning has been applied in a number of subsequent orders of this office (Orders M-451, M-613 and P-1457, PO-1723). In the present appeal, it would be contrary to the purposes of the Act , and would result in an absurdity to apply section 21(1) to information which was provided by the appellant to the Ministry. I will order, accordingly, that the appellant be given access to the undisclosed information contained in page 11. By way of summary, I find that pages 2, 4, 5, 6, 7 and 8 in their entirety and the undisclosed portions of pages 9, 12, 13, 15, 16 and 19 contain the personal information of the appellant, his wife and several other identifiable individuals, including the affected persons. <
|
|
|
|
|
|
Legislation
|
|
-
FIPPA
-
21(1)
-
21(2)(f)
-
21(2)(h)
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Signed by
|
|
Donald Hale
|
|
|
|
|
|
Published
|
|
Mar 20, 2000
|
|
|
|
|
|
Type
|
|
Order
|
|
|
|
|
|
<<
Back
|
|
|