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The Ministry of Community and Social Services (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) from a father for access to various records relating to himself and his son. The father indicated that such information was likely to be found in the Ministry's Day Nurseries Branch or in the Office of Child and Family Service Advocacy.
The Ministry located a number of records that contained the father's own personal information and granted access to these documents to him in full. The Ministry refused, however, to disclose those records which contained the personal information of his son or the other named individuals, either in whole or in part, based on the exemption contained in section 21 of the Act (invasion of another individual's privacy). The father appealed the Ministry's decision.
During the mediation stage of the appeal, the father made reference to two sets of handwritten notes which he also considered to be responsive to the request. The Ministry located these documents and granted partial access to their contents. The remainder of these materials were withheld under section 21 of the Act.
At the time that the relevant documents were authored, the son was nine years of age. He is now 14.
The further mediation of this appeal was not successful and notice that an inquiry was being conducted to review the Ministry's decision was sent to the Ministry and the father. Representations were received from both parties.
There are a total of 13 records at issue in this appeal which comprise 39 pages in total. These records are described in Appendix "A" which is attached to this order. Records A-5 and B-1 are duplicates of each other.
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