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Document
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P-477
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File #
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P-9200756 and P-9300019
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Institution/HIC
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Ontario Hydro
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Summary
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On May 10, 1993, the undersigned was appointed Inquiry Officer and received a delegation of the power and duty to conduct inquiries and make orders under the provincial Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
BACKGROUND:
Ontario Hydro (Hydro) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for all information relating to the requester and his case from the files of four named individuals in the Staff Relations, Human Rights and Research Divisions of Hydro.
Hydro located 368 records in response to the request and released 310 records in full. The remaining 58 records were denied in whole or in part pursuant to sections 13(1), 18(1)(e), 19 and 49(b) of the Act. The requester appealed Hydro's decision.
During mediation, ten additional records were released, in whole or in part, to the appellant.
Subsequently the appellant filed a second request. This request was for all information relating to the appellant and his case from the files of 33 named individuals (including the four named in the first request) in six divisions of Hydro.
Hydro located a further 434 records, most of which were duplicates of the records identified in the first request. Hydro advised the appellant that its decision with respect to the second request covered only those responsive records from sources not previously named, as well as those records added to the files of the initial four sources after the date of the appellant's first request. The appellant was satisfied with this approach.
Thirty-five of the additional records were released to the requester in full. Access to 31 records was denied in whole or in part, pursuant to sections 13(1), 19 and 49(b) of the Act. The appellant appealed the denial of access and Hydro's claim that no further records exist.
Further mediation was not successful and notice that an inquiry was being conducted to review Hydro's decisions in response to both requests was sent to the appellant and the institution. Subsequently, Hydro released a further 17 records, in whole or in part, to the appellant. Hydro also raised section 18(1)(e) as an additional exemption to deny access to some of the records responsive to the second request to which access had previously been denied.
Written representations were received from the institution and the appellant. Because the issues arising in these appeals are based on the same set of circumstances, I will deal with both of the appeals in this order.
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Legislation
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FIPPA
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18(1)(e)
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2(1) personal information
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29(1)(a)(ii)
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49(a)
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Section 19
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13(1)
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Subject Index
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Signed by
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Anita Fineberg
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Published
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Jun 11, 1993
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Type
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Order
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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