Document

P-399

File #  P-900429
Institution/HIC  Ministry of Correctional Services
Summary

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 records relating to the requester. The Ministry released certain responsive records, and denied access to the rest, pursuant to sections 49(b), 49(e) and 13(1) of the Act. The requester appealed the Ministry's decision.

During mediation, additional records were released to the appellant. The Ministry also withdrew its exemption claims under sections 49(e) and 13(1), and raised sections 14(2)(a), 14(2)(d), 19, 49(b), 49(d) and 65(2)(a) as new exemption claims with respect to certain records.

Further mediation of the appeal was not possible, and notice that an inquiry was being conducted to review the Ministry's decision was sent to the appellant, the Ministry and one individual whose interest could be affected by the release of certain records (the affected person). Written representations were received from all parties. In its representations, the Ministry raised the application of section 65(2)(b) of the Act to some of the records. In order to expedite the appeal, the appellant agreed not to pursue access to the records for which section 65(2)(a) and/or (b) had been claimed.

The records which remain at issue, and the corresponding exemptions claimed by the Ministry are:

SECTION CLAIMED RECORD PAGE NUMBERS
14(2)(a) 134-141 and 187-188 (access denied in full, except the header on page 134)
14(2)(d) 87, 99-100 and 131-132 (released with severances)
19 87 (access denied, except for header)
49(b) 37-38 and 138-140 (access denied to all of pages 37-38 and parts of pages 138-140)
49(d) 109-111, 118-121, 143-145, 152-159, 167-168 and 172-181 (access denied, except for headers)

Legislation
  • FIPPA
  • 14(2)(a)
  • 14(2)(d)
  • 2(1) personal information
  • 2(1) personal information (b)
  • 2(1) personal information (h)
  • 21(2)(f)
  • 21(3)(d)
  • 49(b)
  • 49(d)
  • Section 19
Subject Index
Signed by  Tom Mitchinson
Published  Jan 13, 1993
Type  Order
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