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P-38

File #  880106
Institution/HIC  Ministry of the Solicitor General
Summary  O R D E R 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 a request for personal information under subsection 48(1) of the Act a right to appeal any decision of a head to the Commissioner. The facts of this case and the procedures employed in making this Order are as follows: 1. On April 11, 1988, the Ministry of the Solicitor General (the "institution") received two requests for access from the requester. One request dealt exclusively with information that, if it existed, would be in the custody of the Metropolitan Toronto Police Force and, while not the subject of this appeal, it is mentioned because it is relevant to one of the issues arising in this appeal. The other request, the subject of this appeal, was for "any information or record" about the requester or [a named individual] "kept by Metropolitan Toronto Police Force and the Ontario Provincial Police". 2. By letter to the requester dated May 2, 1988, the institution indicated that "access is granted to information about you. Access is denied to other information under section 14(2) and 21(1) of the Act". 3. By letter to me dated May 5, 1988, the requester appealed the decision of the head. I gave notice of the appeal to the institution. 4. The records at issue in this appeal were examined by the Appeals Officer. In the course of mediation efforts by the Appeals Officer, the appellant indicated that he had been advised verbally by the Freedom of Information Co-ordinator that no record existed for the [a named individual]. The appellant stated that the basis for this appeal was the severances from his personal information and the fact that he does not believe a record does not exist for the [a named individual]. 5. By letter dated August 9, 1988, I sent notice to the appellant and the institution that I was conducting an inquiry to review the decision of the head. An Appeals Officer's Report was enclosed with the notice. 6. By letter dated August 19, 1988, I invited the appellant and the institution to make written representations to me. 7. Written representations were received from both the appellant and the institution and I have considered these representations in making my Order. The issues arising in this appeal are as follows: A. Whether the record that contains personal information about the appellant falls within the exemption set out in subsection 49(a) of the Act . B. Whether the institution has made reasonable efforts to locate a record, requested by the appellant, pertaining to another individual. C. Whether the institution's notice of refusal complies with the requirements set out in section 29 of the Act . It should be noted, at the outset, that the purposes of the Act as defined in subsections 1(a) and (b) are: (a) to provide a right of access to information under the control of institutions in accordance with the principles that, (i) information should be available to the public, (ii) necessary exemptions from the right of access should be limited and specific, and ... (b) to protect the privacy of individuals with respect to personal information about themselves held by institutions and to provide individuals with a right of access to that information. Further, section 53 of the Act provides that the burden of proof that the record falls within one of the specified exemptions in this Act lies upon the head. ISSUE A : Whether the record that contains personal information about the appellant falls within the exemption set out in subsection 49(a) of the Act . Having reviewed the record at issue, it is clear that the record contains personal information about the appellant. In dealing with a request for information about the requester, the head must make his or her decision in the light of the provisions of sections 47, 48 and 49 of the Act . Section 48 sets out the procedures for dealing with such requests. Section 49 provides for exceptions to the general rule, set out in subsection 47(1), that a requester has a right of access to his or her own personal information in the custody or under the control of the institution. Among other exceptions, section 49 provides that: A head may refuse to disclose to the individual to whom the information relates personal information, (a) where section 12, 13, 14 15, 16, 17, 18, 19, 20 or 22 would apply to the disclosure of that personal information; The head's position is that subsection 14(2)(a) would apply to the disclosure of the personal information at issue. Subsection 14(2)(a) reads as follows: A head may refuse to disclose a record, (a) that is a report prepared in the course of law enforcement, inspections or investigations by an agency which has the function of enforcing and regulating compliance w
Legislation
  • FIPPA
  • 10(2)
  • 14(2)(a)
  • 24(1)
  • 29(1)(b)
  • 48(1)
Subject Index
Signed by  Sidney Linden
Published  Feb 09, 1989
Type  Order
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