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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 a request for access to personal information under subsection 48(1) a right to appeal any decision of a head under the Act to the Commissioner.
The facts of this case and the procedures employed in making this Order are as follows:
1. On August 25, 1989, the requester wrote to the Ministry of Agriculture and Food seeking access to:
Any and all information retained by this Ministry on TEMPCO SERVICES LIMITED, a corporation supplying temporary help to branches of this Ministry.
2. On September 22, 1989, the Ministry of Agriculture and Food received written clarification from the requester that the request was to include, among other things, "any complaints filed with the Ministry associated with Tempco Services Ltd."
3. On October 4, 1989, the Ministry of Agriculture and Food transferred two records which related to the request to the Ministry of Labour pursuant to subsection 25(2) of the Act.
4. On October 20, 1989, the Freedom of Information and Privacy Co-ordinator for the Ministry of Labour (the "institution") responded to the request in the following manner:
Since both of these documents involved an Employment Standards Act matter, it was decided that the Ministry of Labour has the greater interest in the documents and, therefore, ought to respond to this portion of your request.
Each of the documents contains personal information and it was our preliminary view that disclosure of the documents could result in an unjustified invasion of the personal privacy of the individual in question. Before deciding this question, I spoke to the individual to determine whether or not we could get consent to release the documents. The individual did not want the information disclosed. This reinforced our initial impression that disclosure of the information would involve an unjustified invasion of personal privacy.
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