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The Ministry of Government Services (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to "any and all allegations or representations made by a person, persons, or group, opposing the leasing of Part lot 10 -Concession 7 - Ottawa Front, City of Gloucester, Regional Municipality of Ottawa-Carlton by [the requester] with the Ontario Property Administration Section".
The record which the Ministry identified as being responsive to the request consists of eight pages. The Ministry gave the requester total access to three pages, and denied access to the remaining pages, in their entirety, pursuant to section 21 of the Act.
The three pages to which the requester was given access consist of two letters from the Ministry to the appellant advising the Ministry's position on the sale and lease of the parcel of land owned by the Province of Ontario.
The parts of the record not disclosed to the appellant consist of a one-page letter from an individual (the affected person) to the Ministry, and four pages of a Ministry official's notes of his telephone conversations with the affected person. The Ministry identified these pages as containing the personal information of the affected person and sought his/her consent for their release; however, the affected person withheld consent.
The requester appealed the Ministry's decision. Because the appeal could not be settled through mediation, a Notice of Inquiry was sent to the Ministry, the appellant and the affected person. Representations were received from all parties.
In its representations, the Ministry indicates that its discretion to deny access was exercised under section 49(b) of the Act.
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