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This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987, as amended (the "Act"), which gives a person who has made a request for access to a record under subsection 24(1), or to personal information under subsection 48(1), a right to appeal any decision of a head of an institution to the Information and Privacy Commissioner.
On April 5, 1990, the appellant wrote to the Ministry of Housing (the "institution") requesting access to personal information found in personnel records as well as the following:
All personal information found in competition file #MH332, including copies of all questions asked and my responses including interviewers' comments and scores. Also include all information that can be released under the Act regarding the winning candidates, including scores.
On April 20, 1990, the institution provided access to all personnel records of the appellant as well as the appellant's personal information relating to job competition MH332 in which he was a candidate. The institution denied access to information concerning scores of other candidates in the competition under subsection 21(1) of the Act.
On May 3, 1990, the institution informed the appellant of the names, starting date and salary range of the two successful candidates and stated that the successful candidates were being given an opportunity to submit representations concerning disclosure of their scores. The two candidates refused to consent to the disclosure of their scores.
On May 10, 1990, the institution advised the appellant that it was denying access to the aggregate scores of the two successful candidates in the job competition.
On June 7, 1990, the appellant appealed the decision of the institution. Notice of this appeal was given to the institution, the appellant and the two successful candidates in the job competition (the "affected parties").
The record was received and reviewed by the Appeals Officer. During mediation of this appeal, the Appeals Officer contacted the affected parties to ascertain whether they would consent to the release of information. The affected parties stated that they would be willing to release a range within which their aggregate scores fell, on condition that the information be for the appellant's use only, and that he undertake not to disclose it to any other person. This position was conveyed to the appellant, who declined to settle on this basis.
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