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This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987, as amended (the "Act") which gives a person who has made a request for access to a record under subsection 24(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.
On April 16, 1990, the appellant wrote to the Ministry of Health (the "institution") requesting a copy of the request made by another person (the "original requester") to the institution. The original requester had requested information concerning the appellant in this appeal. On April 19, 1990, the institution responded to the appellant's request for the original requester's request letter as follows:
As you are aware, the information you are requesting is personal information regarding the requester and under Section 21, personal privacy, of the Freedom of Information and Protection of Privacy Act, 1987, this cannot be disclosed to any other person other than the individual to whom the information relates. Therefore, we will not be opening a file under the Act.
On April 26, 1990, the appellant appealed the decision of the head. By letter dated May 15, 1990, the institution again wrote to the appellant, granting partial access to the request letter:
A copy of the record is enclosed.
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