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The Ministry of Correctional Services (the institution) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to a number of records relating to the requester, including notes of his supervisor taken in the context of an allegation made against him by another employee.
The notes and part of another record were denied by the institution pursuant to section 49(b) of the Act. The requester appealed the head's decision to this office.
During the course of mediation, the appellant narrowed the scope of his request to the notes taken by his supervisor. As a result, a new decision letter was issued by the institution, adding sections 14(1)(f) and 19 of the Act as new exemption claims with respect to the notes.
A copy of the record was obtained and reviewed by the Appeals Officer. It consists of 21 photocopied pages of handwritten notes.
Further attempts to mediate the appeal were not successful, and the matter proceed to inquiry. Notice that an inquiry was being conducted to review the decision of the head was sent to the appellant, the institution and to four individuals whose personal information appeared to be contained in the record. Enclosed with each Notice of Inquiry was a report prepared by the Appeals Officer, intended to assist the parties in making their representations concerning the subject matter of the appeal.
After the Notice of Inquiry was issued, the appellant agreed to further narrow his request to exclude the personal information of individuals other than himself which appears in the record. The copy of the record provided to the institution with this order will identify the personal information of other individuals which falls outside the scope of this order and should be severed from the record.
Written representations were received from the institution, the appellant and the appellant's supervisor (the affected person).
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