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This investigation was initiated as a result of a complaint about the Ministry of the Solicitor General and Correctional Services (the Ministry).
On June 26, 1994, the Ontario Provincial Police (the OPP) arrested the complainant and charged him with four offences under the Criminal Code. A separate 'information' for each charge was sworn on July 7, 1994 before a justice of the peace. On July 12, 1994, an OPP community newsletter was drafted which included information about the complainant's arrest and the charges laid against him. Approximately a week later, a copy of this newsletter was distributed to fifteen locations in the area. A copy was posted in a local community store where the complaint had a summer home.
The complainant believed that the OPP's disclosure of his arrest and the charges against him in the OPP's community newsletter posted in the store was contrary to 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) Did section 37 of the Act apply to the personal information? If not,
(C) Was the personal information disclosed in compliance with section 42 of the Act?
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