P-27

This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987 (the "Act") which gives a person who has made a request for access to a record under subsection 24(1) a right to appeal any decision of a head under the Act to the Commissioner.

The facts of this appeal and the procedures employed in making this Order are as follows:

1. On February 4, 1988, the administrators of various union trust funds were given third party notices by the Ministry of Labour (the "institution") indicating that a request for access to certain financial statements filed by the trust funds with the institution had been received. Many of the trust funds retained the appellant, who is a lawyer, to represent them.
   
   
2. In order to make submissions on behalf of his clients, the appellant sought to determine the identity of the person(s) requesting access. This information was denied by the institution in a telephone conversation on February 19, 1988. Consequently, the appellant submitted a written access request on February 23, 1988 requesting "...the identity of the individual(s) who seek(s) access to financial statements pertaining to the Funds, which have been filed with the Ministry of Labour under s.86(2) of the Labour Relations Act".
   
   
3. Upon receipt of the request, the institution consulted the original requester to seek his consent. Consent was not forthcoming and on March 22, 1988, the Freedom of Information Co-ordinator for the institution wrote to the appellant, denying the request "...since it would reveal personal information". A clarifying letter dated April 20, 1988 from the institution to the appellant indicated that "...disclosure of such personal information is prohibited pursuant to section 21(1) of the Act".
   
   
4. On March 30, 1988, the appellant wrote to me appealing the decision of the institution and I gave notice of the appeal to the institution.
   
   
5. The Appeals Officer assigned to this case initially raised the issue of whether the appellant had "requested access to a record" pursuant to subsection 50(1)(a) of the Act. On consent of all parties, the appeal proceeded on the basis that the request was for a copy of Ministry of Labour Freedom of Information Request #00002 for the purpose of obtaining the identity of the requester therein. Subsequently, the appellant received a copy of Request #00002 with identifying information severed.
   

...

• FIPPA
• 2(1) personal information
• 21(2)

• forms
• invasion of privacy
• Name of Requester