P-19

This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987, (the "Act") which gives a person who has made a request for personal information under subsection 48(1) of the Act, a right to appeal to me any decision of a head under the Act.

The facts of this case and the procedures employed in making this Order are as follows:

1. On February 4, 1988, the Ministry of Correctional Services (the "institution") received a request for access to a complete copy of the appellant's probation case file covering the period from January, 1987 to January 7, 1988.
   
   
2. By letter dated March 10, 1988, the Freedom of Information and Privacy Co-ordinator for the institution replied to the appellant, attaching photocopies of documents from the appellant's Probation Case File but not including the following records from the file: 1) a psychological report prepared by the Regional Psychologist, 2) the casenotes of the Probation and Parole Officer, and 3) the Level of Supervision Inventory Form.
   
   In its letter to the appellant, the institution gave its reasons for not forwarding these records and cited subsection 48(4) of the Act stating that a ministry "shall ensure that personal information is provided to an individual in a comprehensible form and in a manner which indicates the general terms and conditions under which the personal information is stored and used". The letter further stated that "In order to provide you with an opportunity to have personal information on your Probation Case File explained to you,...[the Regional Psychologist] has indicated that he would be willing to review his report, the casenotes and the Level of Supervision Inventory Form with you at a mutually agreeable time. If you wish to meet with him to discuss the contents of the file, you are encouraged to contact...[him] directly at ...[telephone number]."
   
   
3. On March 30, 1988, the appellant sent a letter to me appealing the decision "to deny access to the requested records under the Act".
   
   
4. On April 15, 1988, the records at issue in this appeal were examined by the Appeals Officer.
   
   
5. On April 18, 1988, the Appeals Officer wrote to the appellant to confirm that the appellant understood the institution's position that access would be granted to the records if she attended with the Regional Psychologist so that he could explain the contents of the records to her before releasing them. In this letter, the appellant was also advised that the Appeals Officer had examined the records in issue.

...

• FIPPA
• 1(b)
• 2(1) personal information
• 48(4)
• 49(d)

• comprehensible form
• Government Information
• Medical Information
• Medical, Psychiatric or Patient Records
• Personal Information Bank
• Probation File
• psychological/psychiatric