|
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 the requester's complaint that she had been sexually harassed by a co-worker.
The Ministry located 93 records responsive to the request, in regards to which it issued two decision letters. The Ministry's first letter dealt with 43 records, providing the requester with access to 10 records, partial access to 19 records, and denying access to 14 records. The Ministry 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 access had been granted to an additional 50 records, 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 by the respondent in the complaint, involving 25 records. Although the respondent's appeal involved only 25 records, the Ministry did not disclose any portion of the additional 50 records to the requester.
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 the respondent in the complaint (the affected person). Written representations were received from all parties.
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.
|