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The Ministry of the Solicitor General and Correctional Services (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to a copy of an investigation report by the Independent Investigation Unit done in January, 1993, examining allegations of workplace harassment made against the requester. The Ministry identified a 17-page "Final Investigation Report" as the record responsive to the request.
Pursuant to section 28(1) of the Act, the Ministry notified the complainant as an individual whose interests may be affected by disclosure of personal information contained in the record (the primary affected person). Because the Ministry declined to forward a copy of his personal information to him, the primary affected person declined to consent to the disclosure of his personal information.
The Ministry then issued a decision granting access to part of page 1, pages 14 and 15 in their entirety, and to part of page 16 of the report. It denied access to the remainder of the report, pursuant to sections 20, 21 and 49(b) of the Act. The requester appealed the decision.
During the course of mediation, it was determined that 12 attachments, comprising 78 pages, formed part of the record. Twenty-seven of these pages are communications either from or to the appellant. The Ministry has indicated that it has no objections to the disclosure of these pages to the appellant. In these circumstances, and given the fact that I am satisfied that no mandatory exemptions apply, the Ministry should do so. For greater certainty, these records are listed in Appendix A to this order.
The Ministry has indicated that the same exemptions as above apply to the remaining 51 pages of attachments.
Further mediation was not possible, and notice that an inquiry was being conducted to review the Ministry's decision was sent to the appellant, the Ministry, the primary affected person and 13 other individuals identified as "witnesses" in the record (the other affected persons). Representations were received from the Ministry, the appellant, the primary affected person and four of the other affected persons. One of the other affected persons consented to the disclosure of her personal information.
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