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The appellant was the complainant in two matters before the Health Disciplines Board. He submitted a request to the Ministry of Health (the Ministry) under the Freedom of Information and Protection of Privacy Act (the Act). The request was for access to the contents of the Ministry's files pertaining to these two complaints.
The Ministry conducted a search in the Health Board Secretariat and located the two complaint files. Access was granted to a large number of records found in these files. In addition, some records were withheld, in whole or in part, based on the following exemptions in the Act:
- invasion of privacy - sections 21(1) and 49(b)
The Ministry also withheld information under section 65(2)(b), which removes some information pertaining to patients in a psychiatric facility from the scope of the Act.
The appellant filed an appeal of the denial of access under the exemptions and under section 65(2)(b).
A Notice of Inquiry was sent to the appellant and the Ministry. This Notice was also sent to two physicians and another individual, all of whom are mentioned in the records. Representations were received from the appellant and the Ministry only.
The records at issue, and the sections of the Act which the Ministry seeks to apply to each of them, are listed in Appendix A to this order. This list assigns record numbers to the documents, and references the page numbers assigned by the Ministry in its decision letter. The list also identifies whether access to each record was withheld in full, or in part.
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