Document

P-439

File #  P-9300001
Institution/HIC  Ministry of Health
Summary

The Ministry of Health (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to "page 2 of a letter dated September 25, 1987, written to Dr. B. Brian Jones, Unit Director, Social management Unit, Oak Ridge Division, Penetanguishene Mental Health Centre by several individuals." The record consists of the signature of the authors of the September 25, 1987 letter. The Ministry denied access to the record pursuant to section 65(2)(a) of the Act. The requester appealed the Ministry's decision.

Although the Ministry did not claim section 21(1) of the Act to exempt the record, it is apparent from the face of the record that it may contain the personal information of individuals other than the appellant. Therefore, because of the mandatory nature of the section 21(1) exemption, I will also consider its possible application in the circumstances of this appeal.

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.

This same record was the subject of Order P-387, dated December 21, 1992. In Order P-387, I rejected the Ministry's claim under section 65(2)(a) of the Act. As a result, the Ministry withdrew its section 65(2)(a) exemption claim in this appeal.

Therefore, the sole issue in this appeal is whether the mandatory exemption provided by section 21(1) of the Act applies to the record.

...

Legislation
  • FIPPA
  • 2(1) personal information
  • 21(1)(a)
  • 21(1)(f)
Subject Index
Signed by  Tom Mitchinson
Published  Apr 01, 1993
Type  Order
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