P-17

The facts in this case are as follows:

1. On March 10, 1988 the Ministry of the Solicitor General (the "institution") received a request from the appellant for access to all "verbal or written" information relating to both the unclassified and classified job competitions for Classification Officer and all "verbal or written" information relating to the early termination of the appellant's employment contract.
   
   
2. On March 25, 1988 the institution granted the appellant access to her own personnel and job competition files. Information about other candidates in the job competition files was severed from the records pursuant to section 21 of the Act.
   
   
3. On April 12, 1988 the appellant appealed the decision of the head, asserting that none of the information she was seeking was an invasion of another person's privacy but was only information relating to herself.
   
   
4. Mediation took place between April 12, 1988 and July 4, 1988. During that period the institution located some additional documentation which was provided to the appellant. The appellant maintained her position that four classes of records relating to her were being withheld. These items are:
   
   

   1.	a test score;
   2.	a list of persons contacted for references;
   3.	notes of comments or recommendations from two superiors regarding the job competition for the classified position; and
   4.	notes of comments or recommendations from two superiors regarding the termination of her employment contract.

   
   Further, the appellant maintained that the Act requires that conversations and comments be recorded. Both parties sought resolution of the issues by way of an inquiry.
   
   It appears that the ground advanced for severances of personal information made to records relating to the job competition should have been subsection 49(b) of the Act, not section 21 as the institution has submitted. This is due to the fact that the request made by the appellant was pursuant to subsection 48(1) of the Act. In any event, the issue of severances does not form a part of this appeal.

...

• FIPPA
• 2(1) personal information
• 38(1)

• creation not required
• job applications or competitions
• Personal Information Bank
• Personal Information File
• Personnel File
• Record