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The requester in this appeal was an unsuccessful candidate for the position of Senior Policy Advisor, Justice Unit, Ontario Women's Directorate. On December 28, 1988, her solicitor wrote to the Ministry of Government Services (the "institution") under the Freedom of Information and Protection of Privacy Act, 1987, as amended (the "Act"), requesting access to:
...documentation from the hiring process to which she is entitled under Freedom of Information, specifically: the list of questions asked in the interview, the score sheets relating to her interview (of all four panel members), her score, and the score of the successful candidate.
On January 17, 1989, the institution's Freedom of Information and Privacy Co-ordinator (the "Co-ordinator") wrote to the requester providing access to the list of interview questions, the score sheet relating to the requester's interview, and her own score. Access to the interview schedule was given with the names of other candidates severed pursuant to subsection 21(2)(f) of the Act. Access was denied to the score sheets of the other candidates in the competition, including the score of the successful candidate under subsections 21(3)(d) and (g) of the Act.
On February 21, 1989, the requester's solicitor wrote to the Co-ordinator asking for access to additional information relating to the competition in question. The Co-ordinator responded on February 24, 1989 providing access to some of the records with severances pursuant to subsections 21(1) and 21(3)(d)(g) of the Act and indicated that some of the records requested did not exist on the competition file.
On March 28, 1989, the requester met with the Co-ordinator to clarify her request. In a letter to the requester dated April 4, 1989, the Co-ordinator characterized the clarification as follows:
In our meeting, you clarified your request in two categories namely; your ranking as a candidate in relation to the others and, the number of references checked for each candidate. In addition, you requested another copy of the acknowledgment letter for receipt of your resume and, any other information that may have been used which is not necessarily housed in the competition file.
The Co-ordinator advised the requester that:
...access is denied to the ranking and the number of references checked for each candidate pursuant to subsection 21(3)(g). This provision applies because the information requested relates to personal evaluations of individuals other than yourself.
On March 31, 1989, the requester appealed the decision of the head of the institution pursuant to subsection 50(1) of the Act. This subsection gives a person who has made a request for access to a record under subsection 24(1) or a request for access to personal information under subsection 48(1) a right to appeal any decision of a head under the Act to the Information and Privacy Commissioner. On January 5, 1990, the undersigned was appointed Assistant Commissioner and received a delegation of the power to conduct inquiries and make Orders under the Act.
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