PC-020024-1

The Office of the Information and Privacy Commissioner/Ontario (the IPC) received a privacy complaint under the Freedom of Information and Protection of Privacy Act (the Act) involving the Ministry of Public Safety and Security (the Ministry).

The complainant was concerned about the way the Ministry handled his confidential Crown disclosure documents (disclosure documents) during the periods of time when he was incarcerated at two separate institutions; a particular jail and a particular detention centre. The complainant explained that he represents himself with regard to his court matters and as a consequence has a right to be personally provided with a copy of his disclosure documents.

This complaint against the Ministry involves two specific incidents.

Incident #1

In the first incident, the complainant explained that while he was an inmate at a particular jail, an Assistant Crown Attorney forwarded the complainant's disclosure documents to the jail, under cover of a letter dated December 31, 2001. The letter was addressed to the Superintendent of the jail and copied to the complainant. In the letter, the Assistant Crown Attorney cautioned that the documents should be kept in a secure place but made accessible to the complainant at his request. The complainant provided a copy of this letter to the IPC. On the letter there is a received notation by the jail of January 4, 2002.

The complainant advised that he subsequently met with the Superintendent of the jail and was advised that the records would be kept in a safe in the duty office. The complainant indicated that on two occasions between January 4, 2002 and January 7, 2002 he had access to these records.

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• FIPPA
• 2(1) personal information
• Section 42
• Regulation 460 s.4

• security of