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Document
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PO-1978
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File #
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PA-010049-2
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Institution/HIC
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Ministry of Municipal Affairs and Housing
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Summary
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NATURE OF THE APPEAL: The Ministry of Municipal Affairs and Housing (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act ) from a member of the media for access to: all memos, notes - including handwritten notes, briefing notes and information notes - all letters, faxes, fax cover sheets, telephone messages, records of verbal transactions, records of meetings, minutes of meetings and e-mails produced or received by [the Ministry] from April 1, 1998 to June 30, 1998 in connection with [a named] subdivision and golf course … The Ministry identified a number of responsive records and provided the requester with partial access. The Ministry denied access to the remaining records and partial records on the basis of one or more of the following exemption claims: - section 13(1) - advice or recommendations - section 19 - solicitor-client privilege - section 21(1) - invasion of privacy The requester (now the appellant) appealed the Ministry's decision. During the course of mediation, several issues were resolved and the appellant was provided with access to additional records. At the end of mediation, the only remaining unresolved issue was the application of section 21(1) of the Act to one severed line on page 42. Once the appeal had moved to the adjudication stage, I sent a Notice of Inquiry initially to the Ministry and the individuals identified on the severed line (the affected persons). Only the Ministry submitted representations, which were provided to the appellant together with the Notice. The appellant submitted representations in response. RECORD The only record at issue in this appeal is one line contained on page 42. This line is included in a briefing note prepared by an official of the Ministry's Provincial Planning Services Branch that was attached to the agenda of the April 29, 1998 meeting of the Planning Advisory Committee of a named township. The agenda and all other portions of the briefing note have been provided to the appellant. DISCUSSION PERSONAL INFORMATION The section 21(1) privacy exemption applies only to information that qualifies as "personal information", as defined in section 2(1) of the Act . "Personal information" means, in part, 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 (paragraph (h)). The Ministry submits that the information contained on the severed line is "of a personal nature between the two affected individuals and therefore falls under the definition of personal information …" The appellant, who is unaware of the precise content of the information on the severed line, speculates that it may relate to the relationship between the two affected persons. He states: In its submissions, [the Ministry] indicates that two parties were contacted who might be affected by the release of this information. One imagines that this information might involve a relationship between these parties - a relationship, very clearly, the [author of the record] knew to be important enough to give a 'heads up' to other professional bureaucrats who may have had to deal with this file. The appellant goes on to submit: The relationship is indeed a "personal" one, but it was a "personal" one that involved an important public official and a government that was involved in a public decision about a public matter involving public policy. … Having reviewed the information contained on the severed line, I accept the Ministry's position that it relates to the personal relationship between the two affected persons, both of whom are identified on the severed line, and I find that this constitutes the personal information of these two individuals as defined in paragraph (h) of the definition of "personal information". INVASION OF PRIVACY Where a requester seeks personal information of another individual, section 21(1) of the Act prohibits an institution from disclosing this information unless one of the exceptions in paragraphs (a) through (f) of section 21(1) applies. The only section with potential application in this appeal is section 21(1)(f), which reads: A head shall refuse to disclose personal information to any person other than the individual to whom the information relates except, (f) if the disclosure does not constitute an unjustified invasion of personal privacy. Se
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Legislation
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Subject Index
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Signed by
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Tom Mitchinson
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Published
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Dec 13, 2001
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Type
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Order
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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