|
|
|
|
|
|
|
|
|
|
|
|
|
|
Document
|
|
MO-1331
|
|
|
|
|
|
Institution/HIC
|
|
London Police Services Board
|
|
|
|
|
|
Summary
|
|
NATURE OF THE APPEAL: The appellant made a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) to the London Police Services Board (the Police). The request was for access to a particular statement made to the Police by a named individual (the affected person) about the appellant. The Police located this record and denied access to it based on the following exemptions contained in the Act : law enforcement - sections 8(1)(d), 8(1)(l) and 8(2)(a); danger to life or safety - section 8(1)(e); danger to safety or health - section 13; invasion of privacy - section 38(b) with reference to sections 14(2)(e), (f) and (h) and 14(3)(b); and discretion to refuse requester's own information - section 38(a). The appellant appealed the denial of access to the record. This office sent a Notice of Inquiry to the Police, initially. The Police submitted representations in response which addressed all of the exemptions at issue. After reviewing the file and the representations submitted by the Police, I decided to seek representations from the appellant only with respect to the application of section 38(b). I provided the appellant with a copy of the non-confidential portions of the Police's representations which address this issue. The appellant was asked to review the representations of the Police in preparing his response to the Notice of Inquiry which was sent to him. The appellant submitted extensive representations in response to this Notice. He has also submitted information to this office during the mediation stage of this appeal. As this information is not mediation privileged, I have also considered it as forming part of the appellant's overall representations in this matter. RECORD: The record at issue consists of the statement of the individual named in the request, which is approximately one and one-half pages in length. DISCUSSION: PERSONAL INFORMATION Under section 2(1) of the Act , "personal information" is defined, in part, to mean recorded information about an identifiable individual. The Police note that the record at issue is a statement given by the affected person in relation to "a trouble with a man investigation". The Police indicate that the affected person requested their assistance in warning the appellant to stay away from her. The Police submit that the record contains the personal information of the affected person. The Police acknowledge that because the affected person speaks about the appellant in her statement, the record also contains his personal information. The record at issue contains information about the affected person, including her name, age, family status, place of employment, as well as information about the events involving her and the appellant and her feelings and reactions to them. I agree with the Police that the record contains the appellant's personal information as this is all recorded information "about" the appellant. I find that the record also contains the personal information of the appellant in that it contains the affected person's description of him, his reasons for attending at the affected person's place of employment and his involvement in the events which led to the call being made to the Police. I find further that the information about the appellant in the record is so entwined with that of the affected person that it is not severable. INVASION OF PRIVACY Section 36(1) of the Act gives individuals a general right of access to their own personal information held by a government body. Section 38 provides a number of exceptions to this general right of access. Under section 38(b) of the Act , where a record contains the personal information of both the appellant and other individuals and the institution determines that the disclosure of the information would constitute an unjustified invasion of another individual's personal privacy, the institution has the discretion to deny the requester access to that information. Sections 14(2) and (3) of the Act provide guidance in determining whether disclosure of personal information would result in an unjustified invasion of the personal privacy of the individual to whom the information relates. Section 14(2) provides some criteria for the institution to consider in making this determination. Section 14(3) lists the types of information the disclosure of which is presumed to constitute an unjustified invasion of personal privacy. Section 14(4) refers to certain types of information the disclosure of which does not constitute an unjustified invasion of personal privacy. The Divisional Court has stated that once a presumption against disclosure has been established, it cannot be rebutted by either one or a combination of the factors set out in 14(2) [Order P-1456, citing John Doe v. Ontario (Information and Privacy Commissioner) (1993), 13 O.R. (3d) 767]. The Divisional Court has stated that the only way in which a section 14(3) presumption can be overcome is if the personal information at issue falls under section 14(4) of the Act or where a finding is made under section 16 of the Act that a compelling public interest exists in the disclosure of the record in which the personal information is contained which clearly outweighs the purpose of the section 14 exemption. In this case, the Police have cited section 14(3)(b) in conjunction with section 38(b). These sections read: 38. A head may refuse to disclose to the individual to whom the information relates personal information, (b) if the disclosure would constitute an unjustified invasion of another individual's personal privacy; 14. (3) A disclosure of personal information is presumed to constitute an unjustified invasion of personal privacy if the personal information, (b) was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation; The Police state that the personal information in the record was compiled and is identifiable as pa
|
|
|
|
|
|
Legislation
|
|
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Published
|
|
Aug 14, 2000
|
|
|
|
|
|
Type
|
|
Order
|
|
|
|
|
|
<<
Back
|
|
|
|
Back to Top
|
 |
|
|
|
© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
|