The Nipissing Board of Education (the Board) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act), from an individual acting as his wife's agent, for access to four Board motions relating to his wife. The wording of the request was very specific and also asked that the Board inform the requester if no such motions exist.

The Board responded by informing the requester that it could only process a request for access to personal information from the individual to whom the information relates. However, the Board went on to state that any responsive records were exempt under sections 6(1), 7(1) and 12 of the Act. The requester's wife appealed the decision.

Mediation was not possible, and notice that an inquiry was being conducted to review the Board's decision was sent to the Board, and the appellant. Representations were received from both parties.

The Board's representations make no reference to section 7(1) of the Act. Because section 7(1) is a discretionary exemption, I find that the Board has failed to establish the requirements of the exemption, and it is no longer at issue in this appeal.