PO-1880

The Ministry of Health and Long-Term Care (the Ministry) received a request from a member of the media, under the Freedom of Information and Protection of Privacy Act (the Act), for access to certain Ontario Health Insurance Plan (OHIP) information. Specifically, the requester sought access to the following:

the top 10 items the Toronto GP/FP [General Practitioner/Family Practitioner] top biller in 1998/99 billed for, how many times the doctor individually billed those 10 items and a brief explanation of the items as described under the Schedule of Benefits.

In her request, the requester specifically stated that she was not seeking access to the identity of the physician. I should also note that the total 1998/99 billing amount for the physician in question has already been disclosed by the Ministry.

The Ministry compiled the requested information on one responsive record and denied access to it in its entirety. The Ministry stated that the information qualified as "personal information" in that it related to employment history and financial transactions involving a physician (the affected person). The Ministry denied access to the record on the basis of section 21(1) (invasion of privacy) relying on the factors against disclosure in subsections 21(2)(f) (highly sensitive information) and 21(2)(i) (unfair damage to reputation) and the presumptions against disclosure in subsections 21(3)(d) (relates to employment history) and 21(3)(f) (describes an individual's finances, income, etc.).

The requester, now the appellant, appealed the Ministry's decision. The appellant also raised the issue of whether section 23 of the Act, the so-called public interest override, applies in the circumstances of this appeal.

• FIPPA