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Document
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PO-1861
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File #
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PA-000154-1
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Institution/HIC
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Ministry of Correctional Services
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Summary
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NATURE OF THE APPEAL: The Ministry of Correctional Services (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act ) for access to: copies all documentation from all files pertaining to the Probation Order [made against the appellant], including the names of all persons and organizations, dates, having accessed any file giving reason for doing so and the authority for having done so, up to and inclusive of file closing date, scheduled February 7, 2000; copies, transcripts from any use of these files in any way; list of meeting dates, inclusive of all meetings other than regularly scheduled, and nature of special meetings and those in attendance. [sic] The Ministry located a number of records responsive to the appellant's request and granted access to most of them, in whole or in part. The Ministry denied access to portions of the remaining records, based on the following exemptions contained in the Act : correctional record - section 14(2)(d) danger to safety or health - section 20 discretion to refuse requester's own information - section 49(a) invasion of privacy - section 49(b) with reference to the consideration listed in section 21(2)(f) (the information is highly sensitive) and the presumption in section 21(3)(a) (the information relates to a medical, psychological or psychiatric history, diagnosis, condition, treatment or evaluation) The Ministry also advised the appellant that certain portions of the records contained information which was not responsive to his request. The appellant appealed the Ministry's decision to deny access to the undisclosed information. He also disputed the Ministry's characterization of some of the information in the records as being non-responsive. As the issues in dispute could not be resolved through mediation, the appeal was moved into the adjudication stage. I decided to seek the representations of the Ministry, initially. The Ministry made submissions in response to the Notice of Inquiry, portions of which were shared with the appellant. Other portions of the Ministry's submissions were not, however, shared with the appellant, due to concerns about confidentiality. The Ministry indicated that it is no longer relying on the discretionary exemptions in sections 49(a) and 14(2)(d) with respect to the undisclosed portions of Pages 1, 11, 14, 15, 18, 20, 21, 24, 34, 51, 57, 58, 59, 77, 79, 80, 84, 85, 86 and 90. As these are the only records to which the Ministry applied the section 14(2)(a) exemption, it is not necessary for me to address it further in this order. The Ministry also submitted that it is also relying on the factors listed in sections 21(2)(e) (pecuniary or other harm) and (h) (information supplied in confidence) as the basis for its decision not to disclose the records in their entirety. The appellant also made representations in response to the Notice provided to him. PRELIMINARY ISSUE: RESPONSIVENESS OF RECORDS The Ministry argues that the undisclosed portions of Records 7, 8, 31 and 35 are not responsive to the appellant's request. I have found above that the undisclosed portions of these records do not contain any personal information as that term is defined in section 2(1). The appellant's request is broadly worded and includes a request for "copies all documentations from all files" pertaining to the probation order made against him. I find that these portions of the records are reasonably related to the appellant's request and are, in fact, responsive to it. As no exemptions have been claimed for these records and no mandatory exemptions apply to the information which was not disclosed to him, I will order that the severed portions of Records 7, 8, 31 and 35 be disclosed to the appellant. DISCUSSION: PERSONAL INFORMATION The personal privacy exemption in section 49(b) applies only to information which qualifies as "personal information", as defined in section 2(1) of the Act . "Personal information" is defined, in part, to mean recorded information about an identifiable individual, including information relating to the medical, psychiatric, psychological, criminal or employment history of an individual [paragraph (b)], any identifying number assigned to the individual [paragraph (c)], the personal opinions or views of the individual, except where they relate to another individual [paragraph (e)], the views or opinions of another individual about the individual [paragraph (g)] and 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 [paragraph (h)]. I have reviewed the information which has not been disclosed in each of the records remaining at issue and make the following findings: • the undisclosed information in Records 1, 11, 14, 15, 18, 20, 21, 24, 27, 28, 34, 39, 40, 41, 51, 52, 57, 58, 59, 79, 80, 84, 85 and 86 and the third and fourth paragraphs of Record 77 relates only to the appellant and not to any other identifiable individuals. The personal information consists of employment, medical, psychiatric and psychological histories of the appellant, the personal opinions or views of other individuals about the appellant, the personal views of the appellant and other personal information relating to him, along with his name. • the undisclosed information contained in Records 26, 29, 30, 36, 43, 44, 46, 47, 60, 61, 62, 63, 64, 65, 76, 77 (second paragraph only), 89, 90, 137 and 139 relates to both the appellant and to other identifiable individuals. Specifically, each of these records contain personal information relating to each of these individuals, along with their names, as contemplated by paragraph (h) of the definition of personal information in section 2(1). • the undisclosed portions of Records 7, 8, 31 and 35 do not contain any personal information relating to an identifiable individual. The severed portions of these r
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Legislation
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Subject Index
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Signed by
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Donald Hale
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Published
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Jan 29, 2001
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Type
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Order
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