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On November 19, 1990, the Ministry of the Attorney General (the "institution") received a request for access to information regarding "Wiretap Applications". The requester wrote that the law requires notification of persons who have been wiretapped, and sought any such information that might apply to him. He also inquired about the existence of any renewals of wiretap applications.
On December 18, 1990, the institution advised the requester that "the Ministry will neither confirm nor deny the existence of a record" pursuant to subsection 14(3) of the Freedom of Information and Protection of Privacy Act, 1987 (the "Act").
On January 9, 1991, the requester appealed the decision of the institution.
The Appeals Officer investigated the circumstances of the appeal and concluded that mediation was not possible. Consequently, notice that an inquiry was being conducted to review the head's decision was sent to the appellant and the institution. An Appeals Officer's Report, which is intended to assist the parties in making representations to the Commissioner concerning the subject matter of the appeal, accompanied the Notice of Inquiry.
Written representations were received from the appellant and the institution.
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