PO-2407

The Ministry of Community and Social Services (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to a copy of all applications for Special Services at Home funding and grants received by the Ministry on behalf of the requester’s son. The requester indicated his belief that funding has been granted since 2000. The request included access to a copy of the application for funding which was approved on an identified date pursuant to a specific authorization number. The requester stated that he has joint custody of his son and was, therefore, entitled to access the information requested.

The Ministry responded to the request by denying access to the responsive records on the basis that they are exempt under section 21(1) of the Act (invasion of privacy). The Ministry explained that since the application had been made by the child’s mother (the affected person), it could not grant access to the records without her written consent. The Ministry stated further that access to the records would be granted if the requester could provide the Ministry with written verification that he had joint custody of his son.

The requester, now the appellant, appealed the Ministry’s decision.

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

• access parent
• authorized by statute
• exercise of right on behalf of a child under 16