PO-2167

This appeal concerns a decision of the Ministry of Public Safety and Security (the Ministry) made pursuant to the Freedom of Information and Protection of Privacy Act (the Act). The requester (now the appellant) had sought access to all information related to a specified motor vehicle accident. The request included access to a named police constable's notes, the motor vehicle accident report, photographs, and any other information related to the accident. By way of background, the appellant is a private investigator retained by legal counsel for the surviving spouse (the spouse) and child of the deceased who was killed in the accident. In these circumstances, I will treat the appellant as standing in the shoes of the spouse.

The Ministry identified responsive records and determined that disclosure of some of these records may affect the interests of three witnesses referred to in the records (the affected persons). Prior to issuing its decision letter, the Ministry notified the affected persons and sought their position on the disclosure of the information to the appellant. One of the affected persons consented to the disclosure of his personal information to the appellant. The remaining two affected persons did not respond.

The Ministry then issued a decision letter in which it granted the appellant partial access to the records. The Ministry denied access to the remaining records on the basis of section 14(1)(l) (law enforcement) and section 49(b), with reference to section 21 (invasion of privacy).

The appellant appealed the Ministry's decision.

...

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

• necessary to continue the investigation