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The Ministry of the Attorney General (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to the complete investigation report into the activities of the Legal Services Branch of the Pension Commission of Ontario (the PCO).
The Ministry disclosed portions of the record to the requester, but denied access to the balance of the document pursuant to the exemptions contained in sections 13(1), 18(1)(f), 21(1) and 49(b) of the Act. The requester appealed the decision of the Ministry.
During the mediation stage of the appeal, eight individuals consented to the disclosure of their personal information contained in the record. However, because the Ministry also claimed that sections 13(1) and 18(1)(f) of the Act applied to the record, it did not disclose to the appellant those portions of the record containing the personal information of these individuals.
Further mediation was not successful and notice that an inquiry was being conducted to review the decision of the Ministry was sent to the Ministry, the appellant and six individuals whose interests might be affected by disclosure of the balance of the record (the affected persons). Representations were received from the Ministry, the appellant and five of the affected persons.
Of the five affected persons who responded to the Commissioner's office, four objected to the disclosure of their personal information, while the fifth consented.
In its representations, the Ministry raised the application of sections 18(1)(g) and 19 of the Act.
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