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Document
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MO-1405
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Institution/HIC
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Niagara Regional Police Services Board
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Summary
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NATURE OF THE APPEAL: The appellant, a newspaper reporter, made a request to the Niagara Regional Police Services Board (the Police) under the Municipal Freedom of Information and Protection of Privacy (the Act ) for records regarding the resignation of the former Police Chief (the former Chief). The Police denied access to all responsive records on the basis that they qualified for exemption under section 14(1) of the Act (invasion of privacy). The appellant appealed this decision. During mediation, the appellant narrowed the scope of her request to the amount of the settlement reached with the former Chief. Only two records were responsive to this narrowed request. The Police continued to maintain that these records were exempt under section 14(1), and identified the presumptions under sections 14(3)(d) and (f) in support of this position. Once the appeal had been moved to the adjudication stage, I sent a Notice of Inquiry to the Police and to the former Chief, as an individual whose interest could be affected by disclosure of the records. The Police and the former Chief both submitted representations in response to the Notice. I then sent the Notice to the appellant, together with a copy of the non-confidential portions of the Police's representations. The appellant chose not to make any representations. RECORDS: The two records at issue are: Record #1 a four-page letter dated May 10, 2000 from a law firm representing the Police to the law firm representing the former Chief, confirming the settlement reached with respect to the former Chief's severance package; and Record #2 a Release dated May 11, 2000, signed by the former Chief and the Police. DISCUSSION: PERSONAL INFORMATION/INVASION OF PRIVACY The section 14(1) personal privacy exemption only applies to information that qualifies as personal information. "Personal information" is defined in section 2(1) of the Act , in part, as recorded information about an identifiable individual, including information relating to the employment history of an individual or information relating to financial transactions in which the individual has been involved [paragraph (b)]. The Police submit: In our opinion, these two records at issue clearly contain information regarding the former Chief's employment history with the Police Services Board. Therefore, it is our respectful submission that the information in these two documents constitutes personal information. I concur. Consistent with past orders of this Office dealing with termination or severance arrangements with former employees, I find that the records contain information concerning the former Chief's employment history and financial transactions involving his departure from his position with the Police, and as such fall within the scope of the definition of personal information in section 2(1) of the Act (see, for example, Orders P-1348, MO-1184 and MO-1332). The records do not contain personal information of any other identifiable individuals, including the appellant. Where a requester seeks access to the personal information of another individual, section 14(1) of the Act prohibits an institution from disclosing this information unless one of the exceptions in paragraphs (a) through (f) of section 14(1) applies. The only exception with potential application in the circumstances of this appeal is section 14(1)(f), which reads: A head shall refuse to disclose personal information to any person other than the individual to whom the information relates except, if the disclosure does not constitute an unjustified invasion of personal privacy. Sections 14(2) and (3) of the Act provide guidance in determining whether disclosure of personal information would result in an unjustified invasion of privacy. Section 14(2) provides some criteria for institutions to consider in making this determination, and section 14(3) identifies the types of information whose disclosure is presumed to constitute an unjustified invasion of personal privacy. Finally, section 14(4) itemizes specific types of information whose disclosure is presumed not to constitute an unjustified invasion of personal privacy. The Divisional Court has stated that once a presumption against disclosure under section 14(3) has been established, it cannot be rebutted by either one or a combination of the factors set out in 14(2) ( John Doe v. Ontario (Information and Privacy Commissioner) (1993), 13 O.R. (3d) 767). Section 14(4) If personal information falls within the scope of section 14(4), its disclosure is deemed not to constitute an unjustified invasion of privacy. Section 14(4)(a) of the Act reads: Despite subsection (3), a disclosure does not constitute an unjustified invasion of personal privacy if it, discloses the classification, salary range and benefits, or employment responsibilities of an individual who is or was an officer or employee of an institution; The Police submit that the two records do not fall within the scope of section 14(4)(a), because they "contain specifics of employment history and specific financial details that go beyond the information contemplated in section 14(4)." Having reviewed the records, they clearly do not contain a classification, salary range or employment responsibilities of the former Chief. As far as whether they contain information that could properly be considered a "benefit", the findings in Orders M-23 and M-173 are relevant. In Order 23, former Commissioner Tom Wright interpreted the term "benefits" as follows: Since the "benefits" that are available to officers or employees of an institution are paid from the "public purse", either directly or indirectly, I believe that it is consistent with the intent of section 14(4)(a) and the purposes of the Act that "benefits" be given a fairly expansive in
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Legislation
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MFIPPA
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14(3)(d)
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14(3)(f)
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14(4)(a)
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Subject Index
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Published
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Mar 06, 2001
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Type
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Order
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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