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Document
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I96-113P
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Institution/HIC
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MINISTRY OF ENVIRONMENT AND ENERGY
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Summary
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INTRODUCTION Background of the Complaint This investigation was initiated as a result of a complaint concerning the Ministry of Environment and Energy (the Ministry). The complainant was employed by a Village at a sewage treatment plant. As a plant manager, the complainant was required to have an operator's license issued by the Ministry. The complainant had written to the Ministry on several occasions regarding his license, as there was a disagreement about the class of the license that had been issued. On November 3, 1995, a Manager in the Ministry's Human Resources Branch (the Manager) received a letter from a third party stating that "The Mayor of [the Village] has asked me to review the efforts of their senior operator and plant manager [the complainant] for the Village waste water plant to obtain certification." With this correspondence, the third party had enclosed copies of four letters written by the complainant to the Ministry regarding his license. On January 3, 1996, the Manager responded to the third party's letter. As part of her response, the Manager attached a copy of a letter, dated January 2, 1996, she had sent to the complainant regarding his license. On January 11, a copy of this letter was also sent to the third party by facsimile. The complainant was concerned that the disclosure to the third party of his personal information in the letter of January 2, 1996, 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) Was the disclosure of the personal information 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, (b) information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved, ... (d) the address, telephone number, fingerprints or blood type of the individual, ... (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; (emphasis added) The information in question was contained in the letter dated January 2, 1996, to the complainant from the Ministry regarding his operator's license. The letter included the complainant's home address, information about his employment history, and information about his license, including its status. In our view, this information met the requirements of paragraphs (b), (d), and (h) of 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 disclosure of the complainant's personal information in compliance with section 42 of the Act ? The Ministry stated that, since the third party had been asked by the Village's mayor to review the complainant's "efforts" respecting his license and since he had copies of letters which included the complainant's home address, it was sufficient to treat the third party as a consultant for the Village. The Ministry further stated that providing the third party with a copy of the letter dated January 2, 1996 was "not an invasion of his personal privacy" and that, since the third party was working on behalf of the Village, "providing certification information is necessary to the Village's responsibility to employ qualified staff in the operation of their water pollution control plant." The complainant stated that he did not believe that the third party was employed by the Village. He also stated that he had made the Village aware of his situation regarding the status of his license and, therefore, there was no need for the third party to contact the Ministry for additional information. The complainant submitted that, although he could accept that the Ministry might have been required to disclose the status of his license, he objected to the disclosure of the letter itself since it contained additional personal information. Under the Act , an institution cannot disclose personal information except in the specific circumstances outlined in section 42 of the Act . The Ministry did not refer to the specific provision it had relied upon under section 42 for the disclosure of the personal information. However, based upon the Ministry's comments, it would appear that it was relying upon section 42(d) of the Act . It is also our view that section 42(c) is relevant to this case. Sections 42(c) and (d) state: An institution shall not disclose personal information in its custody or under its control except, (c) for the purpose for which it was obtained or compiled, or for a consistent purpose ;(emphasis added) (d) where the disclosure is made to an officer or employee of the institution who needs the record in the performance of his or her duties and where disclosure is necessary and proper in the discharge of the institution's functions; Section 43 of the Act further provides that: Where personal information has been collected directly from the individual to whom the information relates, the purpose of a use or disclosure of that information is a consistent purpose under clauses 41(b) and 42(c) only if the individual might reasonably have expected such a use or disclosure. In his correspondence to the Manager, the third party stated that the Village wanted to know
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Legislation
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Subject Index
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Signed by
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Susan Anthistle
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Published
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May 13, 1997
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Type
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Privacy Complaint Report
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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