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P-1121
The Ministry of the Attorney General received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to the blood alcohol test results of the deceased driver of an automobile (the driver) who had been involved in an accident which resulted in the death of the requester's mother. The Ministry of the Attorney General transferred the request to the Ministry of the Solicitor General and Correctional Services (the Ministry). The Ministry denied access to the responsive information contained in the record, a report of the Centre of Forensic Sciences, on the basis that it would constitute an unjustified invasion of the personal privacy of the driver (section 21(1) of the Act).
The requester appealed the Ministry's decision.
During the course of the appeal, the requester (now the appellant) raised the possible application of section 23 of the Act, the so-called "public interest override".
A Notice of Inquiry was sent to the appellant and the Ministry, and both parties submitted representations. At the appellant's request, the organization Mothers Against Drunk Driving (MADD) also submitted material in support of her submissions regarding section 23.
Information and Privacy Commissioner of Ontario. All Rights Reserved.