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Document
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P-1044
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File #
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P-9500329
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Institution/HIC
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Ministry of the Solicitor General and Correctional Services
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Summary
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NATURE OF THE APPEAL: This is an appeal under the Freedom of Information and Protection of Privacy Act (the Act ). The Ministry of the Solicitor General and Correctional Services (the Ministry) received a request for access to all records, including police notes, witness statements and photographs regarding a motor vehicle accident in which the requester's husband was killed. The request was filed on behalf of the requester by her counsel. The Ministry located records responsive to the request and denied access to them on the basis of the following exemptions found in the Act : law enforcement - sections 14(1)(a) and (b) right to fair trial - section 14(1)(f) invasion of privacy - section 21(1). The requester (now the appellant) appealed this decision. During mediation, the appellant's counsel indicated that he was not interested in any portions of the records which do not pertain to the accident. Portions of the police officers' notes contain information regarding other events which occurred during these officers' tours of duty. This information is found on pages 52, 73 and 74 and portions of pages 34, 35, 39, 40, 42, 44, 50, 51, 53, 56, 62, 69 - 72, 75 and 80 . I have highlighted the non-responsive portions of the police officers' notes in pink on the copies of the records which are being sent to the Ministry's Freedom of Information and Privacy Co-ordinator with a copy of this order. These non-responsive portions of the records are not at issue in this appeal and should not be disclosed. A Notice of Inquiry was provided to the Ministry and the appellant. The records appear to contain the personal information of the appellant. Accordingly, in the Notice of Inquiry, the Commissioner's office raised the possible application of sections 49(a) (discretion to refuse requester's own information) and (b) (invasion of privacy). In response to the Notice of Inquiry, representations were received from the Ministry only. The records at issue consist of the following: confidential instructions for crown counsel and synopsis (pages 1 - 3) witness statements (pages 4 - 15) Information (containing charges) (pages 16 - 17) motor vehicle accident reports (pages 18 - 19, 21 - 25, 26, 27 and 28 - 29) documentation from the Ministry of Transportation (pages 20, 30 and 31) responsive portions of police officers' notes (pages 32 - 80). DISCUSSION: INVASION OF PRIVACY Under section 2(1) of the Act , "personal information" is defined, in part, to mean recorded information about an identifiable individual, including any identifying number assigned to the individual and the individual's name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual. The Ministry submits that all of the records contain the personal information of individuals other than the appellant. In particular, the records contain statements of witnesses and police officers involved in the investigation of the accident, which reflect their views and opinions concerning the event. The records also contain the addresses and telephone numbers of individuals other than the appellant. I agree that some of the information contained in the records (either in whole or in part) pertains to the individuals involved in the accident and/or investigation, and that this constitutes their personal information. This information is found on pages 1 - 22, 31, 36 - 42, 44 - 49, 53 - 55, 57, 62, 63 and 76. Moreover, some of these records also contain the personal information of the appellant. This information is found on pages 1 - 5, 18 - 19, 34 - 42, 44 - 50, 53 - 56, 57 - 60 and 62 - 69. I am of the view, however, that much of the information contained in the records pertains to the police investigation of a motor vehicle accident, which includes technical details of the scene and the function of the police in investigating the accident. I find that this information does not constitute the personal information of the individuals involved in the accident. Moreover, since any information in the records provided by a particular police officer was provided as part of his employment responsibilities, this information does not constitute the personal information of the police officer. Under section 49(b) of the Act , where a record contains the personal information of both the appellant and other individuals , and the Ministry determines that the disclosure of the information would constitute an unjustified invasion of another individual's personal privacy, the Ministry has the discretion to deny the requester access to that information. For these records (pages 1 - 5, 18 - 19, 34 - 42, 44 - 50, 53 - 56, 57 - 60 and 62 - 69), I will consider whether disclosure would be an unjustified invasion of the personal privacy of other individuals under section 49(b). Where, however, a record only contains the personal information of other individuals , and the release of this information would constitute an unjustified invasion of the personal privacy of these individuals, section 21(1) of the Act prohibits the Ministry from releasing this information. For these records (pages 6 - 17, 20 - 22, 31 and 76), I will consider whether disclosure would be an unjustified invasion of personal privacy under section 21(1). Under both sections 21(1) and 49(b), sections 21(2), (3) and (4) of the Act provide guidance in determining whether the disclosure of personal information would constitute an unjustified invasion of personal privacy. Where one of the presumptions found in section 21(3) applies to the personal information found in a record, the only way such a presumption against disclosure can be overcome is where the personal information falls under section 21(4) or where a finding is made that section 23 of the Act applies to the personal information. If none of the presumptions contained in section 21(3) apply, the Ministry must consider the application of the factors listed in section 21(2) of the Act , as well as all other considerations that are relevant in the circumstances of the case. The Ministry indicates in its representations that as a result of the accident and subsequent inves
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Legislation
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FIPPA
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14(1)(a)
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14(1)(b)
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14(1)(f)
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21(3)(b)
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Subject Index
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Signed by
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Laurel Cropley
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Published
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Nov 08, 1995
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Type
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Order
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