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The Ministry of Health (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to all records relating to the investigation of a complaint that the requester had sexually harassed a co-worker.
The Ministry located 47 records in response to the request for information, in regards to which it issued two decision letters. The Ministry's first letter dealt with 32 records; 18 were provided to the requester in whole, 11 were provided in part, and three were denied in full. The Ministry's denied access on the basis of the exemptions found in sections 13(1), 19 and 21 of the Act.
The Ministry's second letter indicated that partial disclosure of an additional 15 records had been granted, with severances pursuant to section 21 of the Act, but was not provided at that time to provide for appeals by other individuals. One appeal was filed involving one record. Although the third party appeal involved only one record, the Ministry did not disclose any portion of the additional 15 records to the requester.
During mediation, the requester agreed that four records were no longer at issue, but maintained that more records responsive to his request should exist. Further mediation was not successful, and notice that an inquiry was being conducted to review the Ministry's decision was sent to the appellant, the Ministry, and 13 individuals named in the records (the affected persons). Written representations were received from the appellant, the Ministry, and one affected person. The affected person who provided representations consented to the disclosure of her interview as originally severed by the Ministry.
The records which remain at issue in this appeal are described together with the exemption(s) claimed for each in Appendix "A" to this order.
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