|
A request was made to the Ministry of Correctional Services (the "institution") for copies of letters related to the requester. They are three letters of complaints received by the institution about the requester in his capacity as an employee of the institution. The institution denied access to the records in their entirety pursuant to section 21 of the Freedom of Information and Protection of Privacy Act (the "Act"). The requester appealed that decision to this office.
In accordance with our normal practice, the Appeals Officer obtained a copy of the records, which are described as follows:
1. Letter dated August 9, 1990 from an inmate to the institution;
2. Letter dated August 9, 1990 from a second inmate to the institution;
3. Undated letter from a third inmate to the institution;
During the course of mediation the institution clarified that it was relying on section 49(b), rather then section 21, as the basis for denying access.
Because mediation was not possible, the matter proceeded to inquiry. Notice that an inquiry was being conducted to review the decision of the head was sent to the appellant and the institution. Enclosed with the Notice of Inquiry was a report prepared by the Appeals Officer, intended to assist the parties in making their representations concerning the subject matter of the appeal. Representations were received from the institution, but not from the appellant. Efforts were made to notify the authors of the three records and the two other individuals referred to in Record 1, but none of them could be located.
|