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Document
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P-773
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File #
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P-9400162
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Institution/HIC
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Ministry of Health
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Summary
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NATURE OF THE APPEAL: This is an appeal under the Freedom of Information and Protection of Privacy Act (the Act ). The appellant has requested copies of records containing her personal information from the Ministry of Health (the Ministry) relating to a competition in which she was an unsuccessful candidate. At the time of the competition, the appellant was working on a contract basis in the position to which the competition related. The records at issue consist of the following: Records 40, 41 and 42 - interview questions and handwritten comments made by three interviewers relating to the appellant; Records 45 and 46 - reference checks from two referees; and Record 72 - Scoring summary sheet (partial access was granted to the appellant's results and average score and rank of all candidates). The Ministry relies on the following exemptions to withhold the information contained in the records at issue: invasion of privacy - sections 21(1) and 49(b) (Records 40, 41, 42 and 72) evaluative or opinion material - section 49(c) (Records 45 and 46) During the mediation of this appeal, the appellant indicated that she is not interested in receiving the personal information of the other candidates which has been withheld from Record 72. Rather, she is only interested in knowing which interviewer gave her each score. Therefore, only the names of the three members of the interview panel are at issue with respect to this record. A Notice of Inquiry was provided to the Ministry, the appellant and the three interviewers. Representations were received from the Ministry and one of the interviewers who objected to release of her name. One of the interviewers consented to the release of her name. The appellant did not submit representations, but chose to rely on previous correspondence with the Commissioner's office. DISCUSSION: PERSONAL INFORMATION Under section 2(1) of the Act , "personal information" is defined, in part, to mean recorded information about an identifiable individual, including the personal views or opinions of the individual and the individual's name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual. The Ministry submits that the records at issue contain the personal information of the three individuals who composed the interview panel for this competition. Although the identity of the interviewers is known to the appellant, the connection between each interviewer and the specific score given by that individual is not known. With respect to Records 40, 41 and 42, the Ministry argues that the appellant, as an internal candidate, is familiar with the handwriting of the interviewers. As these records contain the handwritten notes of the interviewers, the appellant would be able to identify them should the notes be disclosed. The appellant argues that the members of the hiring panel were acting in their professional capacity, and that the information at issue was compiled by them or relates to them as part of their employment duties. It has been established in a number of previous orders, decided under both the provincial Act and the Municipal Freedom of Information and Protection of Privacy Act , that information provided by an individual in a professional capacity or in the execution of employment responsibilities is not personal information (Orders P-326, P-470 and P-715). I have reviewed the records at issue. I agree with the appellant that the identities of the interviewers in Record 72 and their assessments of the suitability of the appellant for employment in Records 40, 41 and 42 were provided in their professional capacities. The information at issue in these four records, therefore, does not qualify as the personal information of the interviewers. Records 40, 41 and 42 consist of the selection panel's notes in respect of the appellant's interview. In my view, these three records contain only the personal information of the appellant based on the definition of personal information in section 2(1)(g) of the Act . On this basis, the Ministry cannot rely on either section 21 or 49(b) of the Act to exempt the information from disclosure. As no other exemptions have been claimed for these three records they should be disclosed to the appellant in full. Record 72 is the scoring summary sheet. The only part of this record which remains at issue consists of the three interviewers' names at the top of the sheet. I have found that the identities of the interviewers were recorded in their professional capacities. As no other exemptions have been claimed for this portion of the record, the names of the interviewers should be disclosed to the appellant. Records 45 and 46 consist of reference check information provided by two referees. The reference checks relate to the appellant. I am satisfied that the records contain the views and opinions of the referees about the appellant, in the context of the appellant's previous work history and suitability for new employment. Accordingly, this information qualifies as the personal information of the appellant only pursuant to sections 2(1)(e) and (g) of the Act . To summarize, I have found that the information at issue in Record 72 does not qualify as personal information. I have also found that the information at issue in Records 40, 41, 42, 45 and 46 qualifies as the personal information of the appellant only. As I indicated above, the Ministry cannot rely on either section 21 or 49(b) of the Act to exempt information which relates solely to the appellant in Records 40, 41 and 42 from disclosure. The Ministry claims that section 49(c) applies to exempt the information contained in Records 45 and 46 from disclosure. EVALUATIVE OR OPINION MATERIAL Section 47(1) of the Act gives individuals a general right of access to their own personal information held by a government body. Section 49 provides a number of exceptions to this general right of access. Section 49(c) of the Act provides: A head may refuse to disclose to the individual to whom the information relates personal information, that is evaluative or opinion material compiled solely for the purpose of determining suitability, eligibility or qualifications for employment or for the awarding of government contracts and other benefits where the
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Legislation
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Subject Index
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Signed by
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Laurel Cropley
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Published
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Oct 06, 1994
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Type
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Order
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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