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P-1167

Document		P-1167


File #		P-9500570


Institution/HIC		Ontario Human Rights Commission


Summary		NATURE OF THE APPEAL: The appellant was one of four respondents named in six sexual harassment complaints filed with the Ontario Human Rights Commission (the Commission). The complaints were filed against a police services board (the Police), a town (the Town), the Town's Chief of Police (the Chief) and the appellant. The appellant was a member of the Town's police force. As a result of proceedings under the Police Services Act , the appellant's employment with the Police was terminated. Subsequently, in the course of the conciliation of the Commission complaints, the Police, the Town and the Chief entered into a settlement agreement with all the complainants. This agreement resolved all complaints against all the respondents, including the appellant. The appellant was not involved in any of the discussions and negotiations that lead to the settlement. Nor was he a party to the actual agreement. The appellant submitted a request to the Commission under the Freedom of Information and Protection of Privacy Act (the Act ). He sought access to the following four categories of information related to the aforementioned matter: (1) a copy of the minutes of settlement signed by the complainants and the Police; (2) copies of the minutes of any meetings chaired by, attended by or held in conjunction with the Commission and the complainants, the Police, the Chief or any of their legal representatives; (3) copies of any correspondence between the Commission and the complainants, the Police, the Chief and any of their legal representatives; and (4) copies of any minutes or correspondence between any of the aforementioned and any other human rights officer or office. The Commission located 172 pages of responsive records consisting of the draft and final copies of the minutes of settlement, and correspondence between the Commission and the solicitors for the Town, the Police, the Chief and the complainants. The Commission denied access to these documents in their entirety. The Commission also advised the appellant that no minutes of any meetings with the complainants and/or the Police and/or their legal representatives existed. The appellant filed an appeal of this decision and raised the issue of the application of section 23 of the Act , the so-called "public interest override". The Commission subsequently issued another decision regarding access to the records. The following exemptions have now been applied to deny access to the records: advice and recommendations - section 13(1) third party information - section 17(1) invasion of privacy - sections 21(1) and 49(b) discretion to refuse requester's own information - section 49(a) A Notice of Inquiry was sent to the appellant, the Commission, the six complainants, the Police, the Town and the Chief. In this order, I will refer to these individuals and corporate entities collectively as the "affected parties." Representations were received from all of the parties. 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 Commission states that many of the pages at issue contain only the personal information of the complainants and individuals other than the appellant. There are certain pages which do not refer to the appellant by name. They do, however, refer to the six complaint files in which the appellant was a respondent. Drafts of the agreement which do not refer to the appellant by name or by file number refer to the "personal respondent s ", which clearly includes a reference to the appellant. Despite the fact that the appellant was neither a party nor a signatory to the settlement agreement, the claims against him were settled. All of the pages relate to the six complaint files, the status of the complainants, the respondents and the ultimate disposition of the complaints. In these circumstances, I find that all of the pages contain the personal information of the appellant, the complainants and the Chief. Information related to employees of the Commission appears in their professional capacity and, therefore, does not qualify as personal information. Section 47(1) of the Act gives individuals a general right of access to their own personal information held by a government body. Section 49 provides a number of exceptions to this general right of access. Under section 49(b) of the Act , where a record contains the personal information of both the appellant and other individuals and the institution determines that the disclosure of the information would constitute an unjustified invasion of another individual's personal privacy, the institution has the discretion to deny the requester access to that information. 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 institution 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. Section 21(3) The Commission states that the presumption in section 21(3)(b) of the Act applies because the personal information was compiled and is identifiable as part of an investigation into a possible violation of the Ontario Human Rights Code (the Code ). Many of the records deal with the settlement offers exchanged between the lawyers for the complainants and those for the respondents. They reflect the parties' positions at various stages of the negotiation of the settlement


Legislation		FIPPA 21(2)(e) 21(2)(h) 21(3)(b) 49(b) Section 23


Subject Index		offers of settlement unfair exposure to harm


Signed by		Anita Fineberg


Published		Apr 17, 1996


Type		Order


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