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Document
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PO-1728
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File #
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Appeal PA_990173_1
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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: 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 information concerning a particular car accident. The requesters specifically sought access to the name of the driver of a vehicle allegedly involved in the accident. In order to assist the Ministry, the requesters provided the Ministry with the time, date, location and other details concerning the accident. The Ministry located a "potentially responsive" record and notified the individual named in the record (the affected person) of the request, pursuant to section 28(b). The individual replied to the Ministry, stating that he did not consent to disclosure of his name to the appellants. After considering the affected person's views, the Ministry subsequently advised the appellants that: The subject record documents the fact that a vehicle, similar in description to the one [you] described was stopped by the Ontario Provincial Police [OPP] on Highway #6 on or about [specified date], at approximately the time referenced by [you] ... The Ministry further stated that access to the name was denied on the basis of sections 15(b) (information received in confidence from another government) and 21(1) (unjustified invasion of personal privacy). In support of the latter exemption claim, the Ministry cited the factor at section 21(2)(f) (highly sensitive information) and the presumption against disclosure in section 21(3)(b) (law enforcement information). The appellants appealed the Ministry's decision to this office. During the mediation stage of the appeal, the Mediator assigned to this matter contacted the affected person to determine whether or not he consented to disclosure of his name to the appellants. The affected person once again stated that he did not consent. I sent a Notice of Inquiry to the appellants and the Ministry. I received representations from both parties. In its representations, the Ministry withdraws its reliance on section 15(b) of the Act . As a result, only the personal privacy exemption at section 21(1) is at issue. RECORDS: The records containing the responsive information, the name of the affected person, consist of an excerpt from an OPP officer's notebook, an OPP notice of offence and a Ministry of Transportation vehicle computer printout. DISCUSSION: PERSONAL INFORMATION Under section 2(1) of the Act , "personal information" is defined, in part, to mean recorded information about an identifiable individual, including 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 (paragraph (h)). The appellants submit: The disclosure of the name, and the circumstances of this particular matter, does not constitute "personal information" as defined in Section 2(1) of the Act. The individual's name does not appear with other personal information, as such other personal information is not being requested. The disclosure of the name does not reveal other personal information about the individual . . . I do not accept the appellants' submissions. In the circumstances, given the nature of the responsive records, disclosure of the name would reveal the fact that the affected person was stopped by the OPP for an alleged infraction. This clearly is information "about" the affected person, and thus qualifies as his personal information under paragraph (h) of the section 2(1) definition. INVASION OF PRIVACY Where a requester seeks 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 an institution from releasing this information. In this situation, sections 21(2) and (3) of the Act provide guidance in determining whether disclosure of personal information would result in an unjustified invasion of the personal privacy of the individual to whom the information relates. Section 21(2) provides some criteria for the institution to consider in making this determination. Section 21(3) lists the types of information the disclosure of which is presumed to constitute an unjustified invasion of personal privacy. Section 21(4) refers to certain types of information the disclosure of which does not constitute an unjustified invasion of personal privacy. The Divisional Court has stated that once a presumption against disclosure has been established, it cannot be rebutted by either one or a combination of the factors set out in 21(2) [ John Doe v. Ontario (Information and Privacy Commissioner) (1993), 13 O.R. (3d) 767]. A section 21(3) presumption can be overcome if the personal information at issue falls under section 21(4) of the Act or if a finding is made under section 23 of the Act that a compelling public interest exists in the disclosure of the record in which the personal information is contained which clearly outweighs the purpose of the section 21 exemption. In this case, the only exception to the section 21(1) exemption which could apply is section 21(1)(f). The Ministry has cited the presumption of an unjustified invasion of privacy at 21(3)(b) to support its position that section 21(1)(f) does not apply. Those sections read: (1) A head shall refuse to disclose personal information to any person other than the individual to whom the information relates except, (f) if the disclosure does not constitute an unjustified invasion of personal privacy. (3) A disclosure of personal information is presumed to constitute an unjustified invasion of personal privacy where the personal information, (b) was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent that disclosure
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Legislation
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FIPPA
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10(2)
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21(1)(f)
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21(2)(f)
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Subject Index
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Signed by
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David Goodis
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Published
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Nov 16, 1999
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Type
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Order
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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