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M-127

Document		M-127


File #		M-9300063


Institution/HIC		Metropolitan Toronto Board of Commissioners of Police


Summary		The Metropolitan Toronto Board of Commissioners of Police received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for all information pertaining to a search of a person by a police officer. The search was conducted in a courtroom of the Ontario Court, General Division in Toronto. The requester is a lawyer acting on behalf of the individual who was searched. The Police identified six pages of information as responsive to the request. Page 1 is a document entitled "internal correspondence", while pages 2-6 contain excerpts from the police officer's notebook. The Police notified two individuals who had an interest in the information contained in the record and sought their consent for the release of the record to the requester. Although one of these persons consented to the release of the information which related to him, the Police did not disclose any part of the record because the institution decided to claim sections 8(1)(i) and 8(2)(a) of the Act to exempt the entire record. The requester appealed the denial of access. During the course of mediation, the Police revised its claim for exemption and now relies on sections 38(a) and (b) of the Act . The section 8 exemptions are raised in the context of section 38(a). Mediation was not successful and notice that an inquiry was being conducted to review the decision of the Police was sent to the appellant, the Police and the individual who did not consent to the release of the information relating to her (the affected person). Written representations were received from all parties. The affected person responded through an agent.


Legislation		MFIPPA 2(1) personal information 2(1) personal information (g) 2(1) personal information (h) 38(b) 8(1) 8(2)(a) 52(1)


Subject Index		Application of the Acts Courts of Justice Act notes in connection with a proceeding Police Records Report security concerns


Signed by		Anita Fineberg


Published		Apr 28, 1993


Type		Order


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