Document

MO-1939

File #  MA-040324-2
Institution/HIC  London Police Services Board
Summary

The London Police Services Board (the Police) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for access to the following:

1. Police report regarding a robbery that took place on a specified day;

2. A copy of the requester’s own statement to the Police;

3. Transcripts of or notes taken at a meeting the requester attended with the Police and other identified individuals relating to the robbery; and

4. Any notes or transcripts relating to a press conference held on a specified day.

Following the requester’s initiation of a “deemed refusal appeal” with this office, the Police located the responsive records and issued a decision letter to him. In that decision, the Police granted access to the requester’s own witness statement, which was responsive to Part 2 of the request. Access to 1868 pages of records responsive to Part 1 of the request was denied pursuant to the discretionary exemptions in sections 8(1)(a) to (h) and (l) and 8(2)(a)(law enforcement), as well as sections 38(a) (discretion to refuse requester’s own information) and (b) (invasion of privacy) of the Act. The Police also indicated that records responsive to Parts 3 and 4 of the request do not exist.

The requester, now the appellant, appealed this decision. During mediation, the Police conducted a further search for records responsive to Parts 3 and 4 of the request and advised the appellant that such records do not exist. The appellant indicated that he wished to pursue his appeal with respect to access to the records responsive to Part 1 of the request and maintains that records responsive to Part 3 of the request ought to exist.

Legislation
  • MFIPPA
  • 14(1)(a)
  • 2(1) personal information
  • 38(b)
  • 8(1)(c)
Signed by  Donald Hale
Published  Jun 30, 2005
Type  Order
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