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This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987, as amended (the "Act") which gives a person who has made a request for access to a record under subsection 24(1) a right to appeal any decision of a head under the Act to the Information and Privacy Commissioner.
On January 5, 1990, the undersigned was appointed Assistant Commissioner and received a delegation of the power to conduct inquiries and make Orders under the Act.
The facts of this case and the procedures employed in making this Order are as follows:
1. On January 11, 1989, the Ontario Lottery Corporation (the "institution") received a request for access to "a list of all lottery prize winners from July 1, 1988 to present".
2. On February 16, 1989, the institution's Freedom of Information and Privacy Co-ordinator wrote to the requester advising that "access cannot be provided because this record does not exist. However, if it did, access would be denied under section 21(3)(f) (sic) of the Act. This provision applies as release of such information '...is presumed to constitute an unjustified invasion of personal privacy' as it 'describes an individual's finances...'."
3. On February 21, 1989, the requester appealed the decision of the institution. Notice of the appeal was given to the institution and the appellant.
4. Between February 21, 1989 and August 4, 1989, efforts were made by an Appeals Officer and the parties to settle the appeal.
5. In response to the institution's position that the record in question did not exist, a Compliance Officer from our office conducted an investigation at the institution. The investigation revealed that a list of names and addresses of lottery winners of $10,000 or more could be produced from the institution's computer data base.
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