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MC-040012-1

Document		MC-040012-1


Institution/HIC		PRIVACY COMPLAINT NO. MC-040012-1 MEDIATOR: Chris Severin INSTITUTION: Sarnia Police Service


Summary		SUMMARY OF COMPLAINT: The Office of the Information and Privacy Commissioner/Ontario (the IPC) received a complaint under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) from an individual (the complainant) involving the Sarnia Police Service (the Police). Specifically, the complainant advised as follows. On January 25, 2002, the complainant faxed an access request under the Act to the Police for access to certain records containing his personal information. On February 6, 2002, the complainant had a scheduled appointment with his probation officer. During this appointment the probation officer informed the complainant the Police had called him (the probation officer) regarding the complainant’s access request. The probation officer advised the complainant that the Police inquired with the probation officer as to why the complainant was making the access request. The probation officer advised the Police that the purpose of the complainant’s access request could possibly be related to his request for variation to his probation order that the complainant was making at the time. The complainant contends that the Police breached his privacy by disclosing to his probation officer that he had made an access request as well as collecting a potential reason for that request from the probation officer. During the course of my investigation, the complainant provided a copy of the probation officer’s case notes that refer to the conversation between the probation officer and the Police. The notes state that the probation officer was contacted by the Police and was advised that the complainant had submitted a request under the Act for certain incident reports relating to the complainant. The notes also state that the probation officer explained that the purpose of the request was likely related to the complainant’s request for variation to his probation order. The Police have advised that the complainant’s access request was for “any and all records [the Police] may have regarding [the complainant]”. Other than that, the Police do not dispute the facts in this case. In response to this complaint they have relied upon section 32(f)(ii) of the Act for both the disclosure to the probation officer of the fact that the complainant had made an access request and the collection from the probation officer of a possible reason for the access request, considering both to be “a law enforcement information exchange”. Section 32 lists circumstances under which personal information may be disclosed. It does not address the issue of collection. I will reference section 28 of the Act when discussing the issue of collection. DISCUSSION: The following issues were identified as arising from the investigation: Is the information “personal information” as defined in section 2(1) of the Act ? Section 2(1) of the Act states, in part: “personal information” means recorded information about an identifiable individual, including, . . . . . (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 information that was disclosed by the Police to the probation officer included the complainant’s name, the fact that he submitted an access request and the nature of that request. The information that was collected by the Police from the probation officer was the possible reason for the complainant’s access request. In my view, this information qualifies as “personal information” as defined in section 2(1) of the Act . This view is consistent with past statements of this office dealing with disclosure of a requester’s name together with other information about the request (see, for example, IPC Practices 16 and Order PO-1998, in which this office stated that, for privacy reasons, it is inappropriate to disclose the identity of a requester to employees except on a “need to know” basis). Did the Police disclose the personal information in accordance with section 32 of the Act ? Introduction As stated above, the Police rely on section 32(f)(ii) of the Act as their authority for the disclosure of the personal information in question. This section states that an institution shall not disclose personal information in its custody or under its control except: if disclosure is by a law enforcement institution, to another law enforcement agency in Canada; Section 2(1) of the Act defines “law enforcement” as: (a) policing, (b) investigations or inspections that lead or could lead to proceedings in a court or tribunal if a penalty or sanction could be imposed on those proceedings, and (c) the conduct of proceedings referred to in clause (b); There are other statutory provisions that may be relevant to this question. According to the Ministry of Correctional Services Act (the MCSA ), probation officers fall under the responsibility of the Ministry of Correctional Services, now the Ministry of Community Safety and Correctional Services (the Ministry). Section 1 of the MCSA defines “probation” as follows: “probation” means the disposition of a court authorizing a person to be at large subject to the conditions of a probation order or community service order; Section 5 of the MCSA describes the functions of the Ministry as follows: It is the function of the Ministry to supervise the detention and release of inmates, parolees, probationers and young persons and to create for them a social environment in which they may achieve changes in attitude by providing training, treatment and services designed to afford them opportunities for successful personal and social adjustment in the community, and, without limiting the generality of the foregoing, the objects of the Ministry are to, (a) provide for the custody of persons awaiting trial or convicted of offences; (b) establish, maintain and operate correctional institutions; (c) provide for the open custody, secure custody and temporary detention of young persons awaiting trial, found guilty or convicted of offences; (d) establish, maintain and operate places of open custody, secure custody and temporary detention; (e) provide programs and facilities designed to assist in the rehabilitation of inmates and young persons; (f) establish and operate a system of parole; (g) provide probation services; (h) provide supervision of non-custodial dispositions, where appropriate; and (i) provide programs for the prevention of crime. Section 44(1) of the MCSA describes the duties of a probation officer as follows: It is the


Legislation		MFIPPA 2(1) law enforcement 2(1) personal information 32(f)


Subject Index		law enforcement


Published		Feb 08, 2005


Type		Privacy Complaint Report


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