P-548

The Ontario Securities Commission (the OSC) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to all records about the requester in the institution's custody, as well as any records of complaint filed by the public against him. The OSC agreed to release some of the records but refused to grant access to a total of 218 pages of documentation pursuant to sections 14(2)(a) and 49(b) of the Act. The requester appealed the OSC's decision.

During mediation, the appellant indicated that he was not interested in receiving access to any records which contained information relating exclusively to other individuals or to those records to which he had already been granted partial access. On this basis, there are 18 records which remain at issue that consist of letters, internal memoranda and investigation reports. It should be noted that Records 5A, 6 and 11 are duplicates of Records 2A, 4 and 9. My decision with respect to Records 2A, 4 and 9 will also apply to their duplicates. For ease of reference, I will not refer to Records 5A, 6 and 11 again until the disposition section of this order.

The further mediation of this appeal was not successful and notice that an inquiry was being conducted to review the decision of the OSC was sent to the OSC, the appellant and to one affected person. Representations were received from the OSC only. In its representations, the OSC also raised the application of sections 14(1) and 19 of the Act. The appellant was given an opportunity to provide further representations on the new exemptions which were raised but chose not to do so.

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• FIPPA
• 14(1)(a)
• 14(1)(b)
• 14(1)(d)
• 14(1)(g)
• 2(1) personal information
• 21(3)(b)
• 49(a)
• 49(b)

• agency
• investigation
• Law Enforcement (Definition) - see also Law Enforcement and Report
• reasonable expectation of harm