|
The Ministry of Health (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to copies of correspondence relating to certain activities of the requester. The Ministry denied access to the responsive records pursuant to sections 14(1)(a), (b), (d) and (f), 14(2)(c) and (d), 20 and 21(1) of the Act. The requester appealed the Ministry's decision.
The records consist of two letters, dated September 25, 1987 and June 8, 1989, and one memorandum. During mediation, the scope of the request was narrowed to include only the signatures of the authors of the September 25, 1987 letter, found on page two.
After being informed of the narrowed request, the Ministry issued a revised decision, denying access to the signatures pursuant to sections 21(1) and 65(2)(a) of the Act.
Further mediation was not possible, and notice that an inquiry was being conducted to review the Ministry's decision was sent to the appellant and the Ministry. Written representations were received from both parties.
As a preliminary matter, I will consider whether the signatures contained in the record qualify as a "clinical record" under section 65(2)(a), and thereby fall outside the scope of the Act. Section 65(2)(a) provides:
This Act does not apply to a record in respect of a patient in a psychiatric facility as defined by section 1 of the Mental Health Act, where the record, is a clinical record as defined by section 35(1) of the Mental Health Act.
...
|