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This investigation was initiated as a result of a complaint concerning a psychiatric hospital (the Hospital) of the Ministry of Health (the Ministry).
The complainant, an employee of the Ministry, was working under a Memorandum of Agreement between herself and the Ministry to better accommodate her in the workplace, further to the Ontario Public Service's Employment Equity Program. The complainant had a severe shellfish allergy. During the course of adjusting the complainant's working arrangements under the Memorandum of Agreement, the complainant's personal information, including her medical information and employee accommodation requirements, was disclosed to the Director of Medical Services (the Director) at the Hospital.
The complainant was concerned that the disclosure of this information to the Director, without her consent, was not in compliance with 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 Ministry's disclosure of the complainant's personal information to the Director in accordance with section 42 of the Act?
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