PO-2267

In Order PO-2109, I reviewed a decision issued by the Ontario Rental Housing Tribunal (the Tribunal) in response to a request under the Freedom of Information and Protection of Privacy Act (the Act) for the production of a weekly list consisting of “... all names, addresses, hearing dates and the location of the hearing of tenants whose landlords, in the future, file an application to evict with the Tribunal.”

During the course of that appeal, it was brought to my attention that the Tribunal had a practice of disclosing “custom reports” to commercial clients outside of the Act. The reports were frequently disclosed under terms outlined in Memoranda of Understanding between the Tribunal and the individual requesters but were also disclosed in response to individual requests for select information contained in various application files. These reports were provided to a number of requesters on a regular basis.

The reports that I reviewed during the course of that previous appeal appeared to contain the personal information of individuals (names, addresses, dates and locations of eviction proceedings) other than the requesters. After conducting an inquiry, I found that the information at issue qualified as “personal information” as that term is defined in section 2(1) of the Act, and that none of the exceptions to the mandatory section 21 exemption dealing with this type of information were present. Therefore, I required the Tribunal to withhold access. As a postscript to Order PO-2109, I stated that agreements of that nature “cannot take precedence over the Act in circumstances where the personal information at issue qualifies under the mandatory section 21 exemption claim.” I urged the Tribunal to review its policy of providing personal information of tenants and to take whatever steps were required to ensure that any such disclosure is made in accordance with the Act.

In response to Order PO-2109, the Tribunal rescinded its outstanding Memoranda of Understanding for “custom reports” and denied subsequent requests under the Act for information contained in Tribunal application files.

• FIPPA
• 2(1) personal information (c)
• 2(1) personal information (d)
• 2(1) personal information (h)
• 21(1)(c)
• 21(1)(d)
• 21(1)(f)
• 21(2)

• address
• business/personal information
• identifiable individual
• invasion of privacy
• Name of Affected/Third Party
• Public Interest Override