|
|
|
|
|
|
|
|
|
|
|
|
|
|
Document
|
|
I94-009P
|
|
|
|
|
|
Institution/HIC
|
|
MINISTRY OF THE SOLICITOR GENERAL AND CORRECTIONAL SERVICES
|
|
|
|
|
|
Summary
|
|
INTRODUCTION Background of the Complaint This investigation was initiated as a result of a complaint concerning the Ontario Civilian Commission on Police Services (the Commission) of the Ministry of the Solicitor General and Correctional Services (the Ministry). The Commission is a quasi-judicial authority which adjudicates appeals, hearings and inquiries under the Police Services Act . The complainant had written to the Commission indicating that she believed that there should be an investigation into the adequacy, efficiency and competency of a named Police Service and Police Services Board (the Police). An Advisor from the Commission had responded to the complainant's letter of complaint by stating: I understand that the Policing Services Division of the Ministry of the Solicitor General is aware of the circumstances in (the named town) and for that reason and that there is no evidence before the Ontario Civilian Commission on Police Services we do not have any jurisdiction to become involved at this stage. Thus, the Commission did not investigate the complainant's complaint. However, the Commission did investigate a similar complaint concerning the Police which had been filed by another member of the community. The complainant stated that when the aforementioned Advisor was investigating the similar complaint, he had disclosed to the person who had filed the similar complaint and to another member of the community, the fact that the complainant had also filed a complaint against the Police. She further stated that her identity as a complainant had also been disclosed to the local Police Chief. The complainant maintained that she had not consented to her name being released in this manner, and was concerned that this disclosure had contravened the Freedom of Information and Protection of Privacy Act (the Act ). Issues Arising from the Investigation The following issues were identified as arising from the investigation: (A) Was the information in question "personal information", as defined in section 2(1) of the Act ? If yes, (B) Was the personal information disclosed to the two individuals in compliance with section 42 of the Act ? (C) Was the personal information disclosed to the Police Chief in compliance with section 42 of the Act ? RESULTS OF THE INVESTIGATION Issue A: Was the information in question "personal information", as defined in section 2(1) of the Act ? Section 2(1) of the Act states, in part: "personal information" means recorded information about an identifiable individual, including, (h) 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 information in question was the complainant's name and the fact that she had complained about the Police to the Commission. In our view, this information met the requirements of paragraph (h) of the definition of personal information in section 2(1) of the Act . Conclusion: The information in question was personal information, as defined in section 2(1) of the Act . Issue B: Was the personal information disclosed to the two individuals in compliance with section 42 of the Act ? Under the Act , personal information in the custody or under the control of an institution cannot be disclosed except in the specific circumstances outlined in section 42. The Ministry submitted that during the Commission's investigation into the similar complaint, the Advisor "may have mentioned" the complainant's name to the two individuals. The Ministry added that the Advisor "... cannot say with certainty that he did mention her name, cannot recall when this may have occurred and really cannot recall having done so." The Ministry further submitted that if the Advisor had in fact disclosed the complainant's name "... it was during the course of a law enforcement investigation and disclosure was for a consistent purpose." We contacted the two individuals. They stated that the Advisor had contacted them, and had identified the complainant, by name, as having complained about the Police. We also spoke directly with the Advisor. He stated that although he did not specifically recall disclosing the complainant's name to the two individuals, he probably did. Based on the above, it is our view that in all likelihood, the Advisor disclosed the complainant's personal information to the two individuals. Although not specifically referred to in its original representations, the Ministry made a number of submissions which were of a nature and kind that would relate to section 42 of the Act . Therefore, in our draft report, we examined whether this disclosure was in compliance with section 42 of the Act ; in particular, sections 42(c) and (g) of the Act . In its response to our draft report, the Ministry stated that it had relied on section 42(c) and not on section 42(g) for the disclosure. The Ministry submitted in part that the disclosure of the complainant's name was for a purpose consistent with law enforcement. We have considered the Ministry's representations and in our view, they appear to relate to both sections 42(c) and 42(g) of the Act ; therefore, the application of both sections are discussed in this report. Section 42(c) Section 42(c) of the Act states that an institution shall not disclose personal information in its custody or under its control except "for the purpose for which it was obtained or compiled or for a consistent purpose". The Ministry stated that when the complainant wrote to the Commission about the Police, the Advisor had already been assigned to investigate an identical complaint. The Ministry stated that, at that time, the Commission had received three complaints regarding the Police. The Ministry added tha
|
|
|
|
|
|
Legislation
|
|
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Signed by
|
|
Susan Anthistle
|
|
|
|
|
|
Published
|
|
Nov 30, 1994
|
|
|
|
|
|
Type
|
|
Privacy Complaint Report
|
|
|
|
|
|
<<
Back
|
|
|
|
Back to Top
|
 |
|
|
|
© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
|