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P-355
On October 1, 1992, the undersigned was appointed Inquiry Officer and received a delegation of the power and duty to conduct inquiries and make orders under the Freedom of Information and Protection of Privacy Act (the Act) and the Municipal Freedom of Information and Protection of Privacy Act.
BACKGROUND:
The Ministry of the Solicitor General (the Ministry) received a request under the Act for access to information pertaining to two witnesses who appeared in a criminal trial. Specifically, the requester was seeking access to the proper name, age and occupation of one witness, and one sentence from the signed statement of a second witness. The Ministry had severed this information from a record disclosed to the requester in response to a previous request. The requester also sought access to a letter and envelope referred to in the previously disclosed record as having been filed as an exhibit at the trial.
The Ministry informed the requester that access was denied to the information pertaining to the witnesses pursuant to sections 14(2)(a) and 21 of the Act. With respect to the exhibit, the Ministry informed the appellant that its search had failed to locate any such record. The requester appealed the Ministry's decision.
Mediation of the appeal was not successful, and notice that an inquiry was being conducted to review the Ministry's decision was sent to the appellant and the Ministry. Written representations were received from the appellant and the Ministry. In its representations, the Ministry withdrew its claim that section 14(2)(a) applied to part of the record which pertains to one of the witnesses.
Information and Privacy Commissioner of Ontario. All Rights Reserved.