|
On July 8, 1991, the undersigned was appointed Assistant Commissioner and received a delegation of the power and duty to conduct inquiries under the Freedom of Information and Protection of Privacy Act, 1987 (the "Act").
BACKGROUND:
On December 5, 1989, the Ministry of Health (the "institution") received a request for a "package" of documents used at a Health Disciplines Board hearing which had been held in response to a complaint made by the requester about his past psychiatric treatment.
The institution advised the requester that disclosure of these records might affect the interests of certain other individuals (the "affected persons") and that they were being given the opportunity to make representations before the institution decided whether to release the records.
The institution notified eleven affected persons on January 3, 1990, pursuant to section 28(1) of the Act.
Ten affected persons responded to the notification. Two consented to disclosure of the records which related to them, and the other eight submitted that the records should not be disclosed.
On February 2, 1990, the institution informed the requester that partial access to the records would be granted. Because the affected persons had thirty days to appeal this decision to the Commissioner, the requester was told that the records could not be disclosed before then. None of the affected persons appealed the head's decision.
On March 2, 1990, some of the requested records were disclosed to the requester. The rest were denied in their entirety, pursuant to sections 20, 49(b), 49(d) and 21(3)(a) of the Act.
On March 20, 1990, the requester appealed the decision of the institution.
...
|