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The Ministry of Health (the "institution") received a request for access to all documents relevant to the Health Disciplines Board investigations of two named physicians which were conducted in response to complaints made by the requester about medical treatment given to his father, who is now deceased.
After receiving the request, the institution notified seven individuals whose interests might be affected (the "affected persons") pursuant to section 28(1) of the Freedom of Information and Protection of Privacy Act (the "Act"), and gave them the opportunity to express their views regarding disclosure of the records.
The institution also advised the requester that the Act does not permit disclosure of information regarding his father to him without obtaining documentation which would demonstrate that he had been officially appointed as his father's personal representative, and confirm that he was seeking the information in relation to the administration of his father's estate. The requester provided no such documentation to the institution.
Five affected persons responded to the notification. Four consented to disclosure of the records which related to them, and the fifth objected to disclosure.
After receiving the responses of the affected persons, the institution informed the requester that partial access to the records would be granted. Of the 289 pages which the institution
identified as responding to the request, 139 were disclosed in their entirety, including the records consented to by the four affected persons. The remaining records were denied, in whole or in part, pursuant to section 21(1) of the Act.
The requester appealed the decision of the institution to grant partial access.
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