|
|
|
|
|
|
|
|
|
|
|
|
|
|
Document
|
|
P-1509
|
|
|
|
|
|
File #
|
|
P-9700082
|
|
|
|
|
|
Institution/HIC
|
|
Ministry of Municipal Affairs and Housing
|
|
|
|
|
|
Summary
|
|
NATURE OF THE APPEAL: The Ministry of Municipal Affairs and Housing (the Ministry) received 38 detailed requests for information under the Freedom of Information and Protection of Privacy Act (the Act ). The requester sought access to records relating to the development of the former Goodyear Tire site and the on-going operations of a co-operative housing venture (the Co-operative) which was built on the site. The appellant also sought any information relating to her or her spouse personally. The Ministry informed the requester that there were no records which responded to 15 of the requests. With respect to the remaining requests, in a decision letter dated January 10, 1997, the Ministry granted the appellant full or partial access to a number of records. In its decision letter, the Ministry also informed the requester that the interests of seven third parties (the affected parties) could be affected by disclosure of a number of other responsive records. The Ministry stated its intention to notify the affected parties pursuant to section 28 of the Act and request representations with respect to the release of the information contained in the responsive records. The affected parties are school boards, the Co-operative, the developer of the project and a number of consultants who completed reports on the development of the site. The Ministry received responses from six of the seven affected parties. With the exception of one document in each case, the affected parties objected to the release of the information at issue. The Ministry issued a second decision letter. It released the document for which third party consent had been obtained and denied access to the remaining records based on sections 17(1)(a), (b) and (c) of the Act (third party information). The requester (now the appellant) appealed this decision. During the course of mediation, the Ministry agreed to release one additional document. In addition, the Ministry raised the possible application of section 21 to some of the information contained in the records. The appellant agreed that she would no longer be pursuing access to three of the documents contained in the records. The appellant also raised the application of section 23 - the public interest override. A Notice of Inquiry was sent to the appellant, the Ministry and the seven affected parties. Representations were received from the appellant and six of the affected parties. Mediation continued and the Ministry agreed to the release of some additional documents on the consent of the affected parties. A Supplementary Notice of Inquiry was sent to the affected parties identifying the documents and seeking their permission to disclose them to the appellant. Representations were received from the Ministry and six of the seven affected parties. All of the affected parties repeated their earlier objections to the disclosure of the records. RECORDS: The 21 records remaining at issue are responsive to the appellant's requests bearing the Ministry request numbers 960119, 960123, 960126, 960141, 960142, 960144, 960146, 960148, 960150 and 960153. They consist of budget information, memoranda, letters, agreements and reports. The records are described in detail in an Appendix which is being sent to the parties only with this order. PRELIMINARY ISSUES: RESPONSIVE RECORDS One of the affected parties has argued that portions of the records are not responsive to the request. I have reviewed the appellant's request 960153 with respect to Record 21 and find that the appellant has not restricted her request to information in the report about one co-operative housing development only. Therefore, all of the information contained in the appraisal report is at issue. I have also reviewed Record 19 with respect to the appellant's request 960148. In my view, only one part of the record addresses the issue of Parkland. Therefore, this is the only part of Record 19 at issue. In request 960141, the appellant asked for a copy of an amenities agreement dated January 17, 1991 between two of the affected parties. One of the affected parties points out that there is no amenities agreement dated January 17, 1991. The affected party explains that there is an agreement between a developer, a municipality and a bank bearing the date January 17, 1991, however, this agreement is not an amenities agreement. The Ministry has provided a copy of an agreement between the affected party and the developer which is not dated except as to the year, 1991. I have reviewed both agreements and I find that the agreement dated January 17, 1991 is not an amenities agreement. The undated agreement is an amenities agreement and, therefore, responds to the appellant's request. DISCUSSION: PERSONAL INFORMATION/INVASION OF PRIVACY Under section 2(1) of the Act , "personal information" is defined, in part, to mean recorded information about an identifiable individual, including 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 states that some of the information contained in the records contains the personal information of individuals other than the appellants: The personal information in the records at issue lists the address of individuals along with other personal information such as name, apartment number, rent, and whether on subsidy. It is submitted that this information falls within the definition of personal information defined in section 2(1)(c) and (d) of the Act. I agree that the name, address, rent and subsidy information of individuals other than the appellant is the personal information of those individuals. This information is found in Records 6 and 7. I have also reviewed the records and determined that Record 4 also contains the personal information of a number of identifiable individuals who we
|
|
|
|
|
|
Legislation
|
|
-
FIPPA
-
17(1)(a), (b) & (c)
-
21(1)(f)
-
Section 23
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Signed by
|
|
Marianne Miller
|
|
|
|
|
|
Published
|
|
Dec 31, 1997
|
|
|
|
|
|
Type
|
|
Order
|
|
|
|
|
|
<<
Back
|
|
|
|
Back to Top
|
 |
|
|
|
© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
|