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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) or to personal information under subsection 48(1), a right to appeal any decision of a head of an institution to the Information and Privacy Commissioner.
On February 7, 1990, the Ministry of the Attorney General (the "institution") received a request for information from the appellant as follows:
Please provide me with a copy of all information contained in your file #s 117181, 117181B, SCO DO 1332-84, and all other information relating to me, particularly all correspondence between your department and the British Lord Chancellor's Office.
On April 6, 1990, the institution responded that "partial access has been granted to your request." It added the following:
Access to part of the record (approximately 20 pages) is denied pursuant to subsection 15(a) of the Act as disclosure would prejudice the conduct of intergovernmental relations by the Government of Ontario or an Institution; pursuant to subsection 15(b) as disclosure would reveal information received in confidence from another government or its agencies; and pursuant to section 19 (approximately 11 pages) as the record is subject to solicitor/client privilege or the record was prepared by or for Crown counsel for use in giving legal advice in contemplation of or for use in litigation.
Access to other portions of the record (approximately 28 pages) is also denied pursuant to subsection 22(a) of the Act as these documents (court records) are already publicly available.
The requester appealed the decision of the institution and notice of the appeal was given to the institution and the appellant.
The records at issue in the appeal were reviewed by the Appeals Officer. The records, numbered consecutively by the institution, consist of letters, solicitor's notes and memoranda.
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