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Document
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I94-040M
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Institution/HIC
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INVESTIGATION REPORT INVESTIGATION I94-040M A SEPARATE SCHOOL BOARD October 20, 1994
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Summary
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INTRODUCTION Background of the Complaint This investigation was initiated as a result of a complaint concerning a separate school board (the Board). The complainant is a Roman Catholic who supports the public school system. She received a letter from the Board advising her that under the Education Act , she was entitled to direct the education portion of her property tax to the Board. Enclosed with the letter was a form which the complainant could sign if she wished to support the separate rather than the public school system. The complainant believed that the Board had taken copies of assessment records at "City Hall" in order to use the personal information they contained to solicit tax support from Roman Catholics who did not support the Board. She objected specifically to the Board's use of her personal information for what she believed was for the purpose of soliciting tax dollars from her and for questioning her decision to support the public school system. She believed that the Board's use of her personal information was not in compliance with the Municipal Freedom of Information and Protection of Privacy Act (the Act ). Under section 14 of the Assessment Act , the assessment commissioner for each assessment region is required to prepare an assessment roll that includes such information as the name and surname of any person liable to assessment (i.e. a ratepayer); his/her religion, if Roman Catholic; and whether he or she is a public or separate school supporter. Under section 16 of the Assessment Act , the assessment commissioner is required to prepare a list indicating the school support of each ratepayer in each municipality in the assessment region and to deliver it to each school board in the municipality. It was information about the complainant from such a list (the school list) that Board used when it wrote to her. Issues Arising from the Investigation The following issues were identified as arising from the investigation: (A) Was the information in question "personal information" as defined in section 2(1) of the Act ? If yes, (B) Was the Board's use of the personal information in compliance with section 31 of the Act ? RESULTS OF THE INVESTIGATION Issue A: Was the information in question "personal information" as defined in section 2(1) of the Act ? Section 2(1) of the Act states in part: "personal information" is recorded information about an identifiable individual, including, (a) information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual, ... (d) the address, telephone number, fingerprints or blood type of the individual, ... (h) the individual's name if it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual; The school list contained the complainant's name, address, gender, and religion. It included the information that she was a supporter of the public school system and other details about her. In our view, this information satisfied the requirements of paragraphs (a), (d), and (h) of the definition of "personal information" in section 2(1) of the Act . Conclusion: The information in question was personal information as defined in section 2(1) of the Act . Issue B: Was the Board's use of the personal information in compliance with section 31 of the Act ? Under the Act , personal information in the custody or control of an institution cannot be used except in the specific circumstances outlined in section 31. The Board submitted that the complainant's personal information was used in accordance with sections 31(a) and (b) of the Act . Section 31(a) states that an institution shall not use personal information in its custody or under its control "except if the person to whom the information relates has identified that information in particular and has consented to its use." It was the Board's view that there existed an implicit consent for the use of religious information in the manner in which the Board had used it. The Board stated that the public had authorized the legislature to require ratepayers to provide such information for inclusion in the assessment roll. The Board further stated that since there was no purpose for the collection of the information (included on the school list) other than for use by school boards, this "type of use has been consented by the electorate of Ontario." It is our view, however, that section 31(a) of the Act did not apply to the circumstances of this case, since it could not be said that with respect to the personal information used by the Board, the complainant had identified it "in particular" and had consented to its use. The Board submitted that section 31(b) of the Act was also applicable. Section 31(b) states that an institution shall not use personal information in its custody or under its control "except for the purpose for which it was obtained or compiled or for a consistent purpose." The Board submitted that the underlying principle of the assessment system is to allow both the public and separate school systems to compete for support from Roman Catholic ratepayers. It was the Board's view that Roman Catholic ratepayers have the right to form separate school boards under section 80 of the Education Act . Further, Section 106 of the Education Act provides that every person who pays rates as a separate school supporter is exempt from public payment of taxes for public school purposes. Section 80 of the Education Act states in part: A public meeting of persons desiring to establish a separate school zone may be convened by, (a) not fewer than five heads of families, being Roman Catholics and being householders or freeholders resi
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Legislation
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Subject Index
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Published
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Oct 20, 1994
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Type
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Privacy Complaint Report
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Information and Privacy Commissioner of Ontario. All Rights Reserved.
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