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Document
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M-249
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Institution/HIC
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Marathon Police Services Board
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Summary
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ORDER BACKGROUND: The Marathon 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 blood/alcohol reading of a named individual (the affected person), the identity of the individual who took the reading and the time at which the reading was taken. The request went on to state that "a copy of any witness statements" was required. The Police provided access to a witness statement. Pursuant to section 21(1)(b) of the Act , the Police notified the affected person who declined to consent to the disclosure of the information which might affect his interests. The Police subsequently denied access to the remaining information based on section 14(1) of the Act . The requester appealed the decision. Mediation of the appeal 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 affected person. Representations were received from all three parties. After the representations were received, it was apparent that the appellant believed that the record which the Police had identified as being responsive to the request contained information which, in fact, it did not. The appellant was advised of this situation and provided with the opportunity to make further representations on the information which was contained in the record. Additional representations were received from the appellant. The appellant agreed that the record at issue in this appeal consists of the requested information contained in a one-page document entitled "Certificate of Analysis". This document contains the following information which the Police and the appellant agree is responsive to the request: (a) the name of the analyst who performed the analysis on the affected person's blood sample; and (b) the results of this analysis. Accordingly, these two items of information, contained in portions of the "Certificate of Analysis", constitute the records at issue in this appeal. The "Certificate of Analysis" does not include the name of the individual who took the sample, nor the time(s) or place at which the sample was taken. ISSUES: The issues arising in this appeal are: A. Whether the information at issue qualifies as "personal information" as defined in section 2(1) of the Act . B. If the answer to Issue A is yes, whether the mandatory exemption provided by section 14 of the Act applies. SUBMISSIONS/CONCLUSIONS: ISSUE A: Whether the information at issue qualifies as "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, ... One of the pieces of information at issue is the name of the individual who conducted the analysis of the blood sample. I am satisfied that this individual's name and the fact that he performed the analysis does not constitute the personal information of the affected person. I will now determine whether this information constitutes the personal information of the analyst. This individual is an employee of the Ministry of the Solicitor General who is a person designated by the Solicitor General of the Province of Ontario pursuant to subsection 254(1) of the Criminal Code of Canada as an analyst for the purposes of section 258. In my view, this individual was clearly executing his employment responsibilities when he conducted the analysis. Past orders of the Commissioner's office are clear that such information is not "personal information" as defined in section 2(1) of the Act (Orders P-270, P-257, P-369, P-377 and P-427). Because the name of this individual does not constitute "personal information", the mandatory exemption provided by section 14 of the Act cannot apply. As this was the only exemption claimed by the Police to deny access to this information, it should be disclosed to the appellant. I am satisfied that the balance of the information at issue, namely the results of the analysis of the blood sample of the affected person, constitutes recorded information about the affected person and qualifies as his "personal information" as defined in section 2(1) of the Act . ISSUE B: If the answer to Issue A is yes, whether the mandatory exemption provided by section 14 of the Act applies. Under Issue A, I found that some of the information at issue constitutes the personal information of the affected person. Once it has been determined that a record contains personal information, section 14(1) of the Act prohibits the disclosure of the personal information to any person other than to the individual to whom the information relates, except in certain circumstances. Specifically, section 14(1)(f) reads: A head shall refuse to disclose personal information to any person other than the individual to whom the information relates except, if the disclosure does not constitute an unjustified invasion of personal privacy. Because section 14(1)(f) is an exception to the mandatory exemption which prohibits the disclosure of personal information, in order for me to find that section 14(1)(f) applies, I must find that disclosure of the personal information would not constitute an unjustified invasion of personal privacy. Sections 14(2), (3) and (4) of the Act provide guidance in determining whether the disclosure of personal information would result in an unjustified invasion of personal privacy. Section 14(3) identifies specific types of personal information, the disclosure of which is presumed to constitute an unjustified invasion of personal privacy. In their representations, the Police submit that sections 14(3)(a) and (b) of the Act apply to the information in question. These sections state: A disclosure of personal information is presumed to constitute an unjustified invasion of personal privacy if the personal information, (a) relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation; (b) was compiled and is identifiable as part of an investigation into a possible violation of law, e
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Legislation
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Subject Index
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Published
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Jan 19, 1994
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Type
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Order
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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