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P-1422

Document		P-1422


File #		P_9700024


Institution/HIC		Police Complaints Commissioner


Summary		BACKGROUND: The appellant filed a complaint against several members of the MetropolitanToronto Police under Part VI of the Police Services Act (the PSA ). The complaint arose from an incident in which the appellant had been involved. The appellant's complaint was initially investigated by the Public ComplaintsBureau of the Metropolitan Toronto Police, which concluded that no action wasrequired. The appellant requested a review of this decision by the PoliceComplaints Commissioner (the PCC), which concluded that no further action waswarranted. Subsequently, the appellant submitted a request to the PCC under the Freedomof Information and Protection of Privacy Act (the Act ). The requestwas for information about the investigation of his complaint. Under sections 25(2) and (3) of the Act , the PCC transferred part ofthe request to the Metropolitan Toronto Police Services Board (the Police)because the PCC concluded that the Police have a greater interest in some of theresponsive records. The Police are an institution under the MunicipalFreedom of Information and Protection of Privacy Act (the municipal Act ). The Police issued a decision in response to the transferred parts of therequest. The requester filed an appeal of that decision, which is the subjectof Order M-962, issued concurrently with this order. In addition, the PCC issued its own decision in relation to the part of therequest which it did not transfer to the Police. The appellant filed an appealof that decision as well, which is the subject of this order. NATURE OF THE APPEAL: In response to the portion of the appellant's request which was not transferred to the Police, the PCC decided to fully disclose some of therequested records, consisting of correspondence, notes, a number of interimreports, and administrative records. The PCC also denied access to 19 records,consisting of a total of 23 pages, in their entirety. The PCC indicated that itrelies on the following exemptions in the Act as the basis for thisdenial of access: law enforcement - section 14(2)(a) discretion to refuse requester's own information - section 49(a) invasion of privacy - section 21. The appellant appealed this denial of access. This office sent a Notice ofInquiry to the appellant and the PCC. Because it appeared that the records might contain the appellant's personalinformation, as well as that of other individuals, the Notice of Inquiry invitedthe parties to make submissions on the possible application of section 49(b). The latter section provides a discretionary exemption which may be claimed wheredisclosure of a record containing the requester's personal information wouldconstitute an unjustified invasion of the personal privacy of another individualor individuals. In addition, because the records appeared to relate to an employment-relatedmatter, the Notice of Inquiry also invited the parties to comment on thepossible application of sections 65(6) and (7). Section 65(6) excludes certainkinds of employment and labour relations records from the scope of the Act and section 65(7) lists types of records which are exceptions to section 65(6). In response to the Notice of Inquiry, both the PCC and the appellantsubmitted representations. As previously noted, the PCC's initial decision letter referred to section21 and the Notice of Inquiry also invited the parties to make representations onthe possible application of section 49(b). Both these sections relate to the "unjustifiedinvasion of personal privacy" which may arise from the disclosure ofpersonal information. The Index of Records submitted to this office in theearly stages of this appeal indicated that section 21 was only claimed forRecord 12, the "Administrative Fairness Interview" document. However,in its representations, the PCC "... takes the position that the records donot contain personal information". Consistent with this position, the PCCdid not submit representations in relation to either section 21 or section49(b). Having reviewed the records, and bearing in mind the purpose of the Act mentioned in section 1(b) "to protect the privacy of individuals withrespect to personal information about themselves held by institutions ...",I have decided to consider whether any information that is subject to the Act and not exempt under sections 14(2)(a) and 49(a) would constitutethe personal information of individuals other than the appellant. Thisdiscussion appears under the heading, "Invasion of Privacy", below. The records at issue consist of eight covering letters to various interestedparties, enclosing the PCC's reporting letter (Records 4-11, using the PCC'snumbering system), a document entitled "Administrative Fairness Interview"(Record 12), an internal memorandum (Record 14), six letters informinginterested parties of the appellant's request for a review of the Policedecision in relation to his complaint (Records 22-27), an internal memorandum(Record 34), two log pages (Record 41) and one piece of internal correspondence(Record 49). The PCC relies on section 14(2)(a) and 49(a) for all the records. DISCUSSION: JURISDICTION I must now determine whether the records fall within the scope of section65(6) of the Act . If so, they would be excluded from the scope of the Act unless they are records described in section 65(7), which listsexceptions to the exclusions established in section 65(6). These sections state: (6)Subject to subsection (7), this Act does not apply to recordscollected, prepared, maintained or used by or on behalf of an institution inrelation to any of the following: 1.Proceedings or anticipated proceedings before a court, tribunal orother entity relating to labour relations or to the employment of a person bythe institution. 2.Negotiations or anticipated negotiations relating to labour relationsor to the employment of a person by the institution between the institution anda person, bargaining agent or party to a proceeding or an anticipatedproceeding. 3.Meetings, consultations, discussions or communications about labourrelations or employment-related matters in which the institution has aninterest. (7)This Act applies to the following records: 1.An agreement between an institution and a trade union. 2.An agreement between an institution and one or more employees whichends a proceeding before a court, tribunal or other entity relating to labourrelations or to employment-related matters. 3.An agreement between an institution and one or more employees resultingfrom negotiations about employment-related matters between the institution and


Legislation		FIPPA 14(2)(a) 25(2) 25(3)


Subject Index		institution has an interest meaning of "institution"


Signed by		John Higgins


Published		Jul 10, 1997


Type		Order


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