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M-39

Document		M-39


File #		M-910216


Institution/HIC		Metropolitan Licensing Commission


Summary		The Metropolitan Licensing Commission (the MLC) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to the name and address of a vendor having a particular licence number. The requester is the agent for a person who claims to have purchased a hot dog which contained glass particles from this vendor, and to have suffered injuries as a result. The MLC granted access to the name of the vendor but denied access to the vendor's home address under section 14 of the Act . The requester appealed the MLC's decision. The record which the MLC has identified as being responsive to the request is a computer generated printout which contains the name, home address, phone number, date of birth, physical description and driver's licence of the vendor. The appellant is only requesting access to the address of the vendor. Mediation efforts in this appeal were not successful. As a result, notice that an inquiry was being conducted to review the MLC's decision was sent to the MLC, the appellant, and the vendor. Accompanying the notice was a report prepared by the Appeals Officer, intended to assist the parties in making representations to this office concerning the subject matter of the appeal. Representations were received from the MLC, the appellant, and the vendor. ISSUES: The issues arising in this appeal are as follows: A. Whether the information contained in the requested record qualifies as "personal information", as defined in section 2(1) of the Act . B. If the answer to Issue A is yes, whether the mandatory exemption provided by section 14 of the Act applies.


Legislation		MFIPPA 14(1) 14(1)(f) 14(2) 14(2)(a) 14(2)(b) 14(2)(c) 14(2)(d) 14(3) 2(1) personal information (d)


Subject Index		Address address invasion of privacy relevant to a fair determination of rights


Signed by		Tom Wright


Published		Sep 24, 1992


Type		Order


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