P-510

The requester, acting on behalf of his client, and in response to a civil action brought against his client's company, sought access to the materials contained in an Ontario Human Rights Commission (the OHRC) file under the Freedom of Information and Protection of Privacy Act (the Act). This information was compiled when an employee of the client's company (the affected person) contacted the OHRC with respect to possibly filing a complaint against the company under the Ontario Human Rights Code (the Code). Such a complaint was, however, never launched.

The OHRC located seven responsive records and released five of them to the requester. The OHRC refused, however, to disclose the "Record of Intake" as well as a series of handwritten notes authored by a Human Rights Officer (HRO) based on the exemptions set out in sections 14(2)(a) and 49(b) of the Act. The requester appealed the decision.

Mediation was not successful and notice that an inquiry was being conducted was sent to the appellant, the affected person, and to the OHRC. Written representations were received from the appellant and the OHRC only. Counsel for the affected person also provided the Commissioner's Office with a written consent to release any of his client's personal information to the requester.

• FIPPA
• 14(2)(a)
• 2(1) personal information
• 21(1)(a)
• 21(1)(f)
• 21(2)(d)
• 49(b)

• intake record