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Document
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M-317
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Institution/HIC
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Peel Regional Police Services Board
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Summary
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ORDER On March 28, 1994, the undersigned was appointed Inquiry Officer and received a delegation of the power and duty to conduct inquiries and make orders under the provincial Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act . BACKGROUND: The Peel Regional Police Services Board (the Police) received two requests under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to information related to an investigation of an alleged assault and the subsequent prosecution involving the requester. The first request was for access to the Police headquarters' and divisional personnel files of the requester and to a specific internal complaints file. The second request was for access to a specific prosecution file of the Complaints Investigation Bureau. In response to both requests, the Police identified several hundred responsive records and granted access to the majority of them. Access was denied to other records, either in whole or in part, pursuant to sections 14(1) and 38(b) of the Act . The requester appealed the decisions of the Police. Appeal Numbers M-9300044 and M-9300077 were assigned to the two appeals. Because the parties, the issues and some of the records are the same, this order will dispose of both appeals. During mediation, the scope of the appeals was narrowed to 19 records in Appeal No. M-9300044 and 17 records in Appeal No. M-9300077. Further mediation was not possible and notice that an inquiry was being conducted to review the decisions of the Police was sent to the appellant, the Police and one individual whose interests might be affected by the disclosure of the records (the complainant). Representations were received from the Police, the appellant and the complainant. THE RECORDS: The records at issue in the two appeals are described in Appendix "A" to this order. For ease of reference I have numbered the records in respect of M-9300044 and M-9300077 with the prefix A and B respectively. I have reviewed the records, and I find that the information in Records A5 and A17 is not responsive as it does not relate to the request and, accordingly, falls outside of the scope of this appeal. The Police have advised that Records B7, B8 and the second page of Record B6 were disclosed to the appellant in response to his request under M-9300044. Accordingly, I will not consider them in this order. I also find there is duplication of records and that the Police have made different decisions with respect to access to the same records. I note that Record A1 is a duplicate of Record A15; that both Records A1 and A15 (severed) are duplicates of Record B16 (withheld in full); that Record A2 (severed) is a duplicate of Record B9 (withheld in full); that Record A3 is a duplicate of Record B3, both of which have been withheld in full; that Records A6 and A16 (severed) are duplicates of the first page of Record B6 (withheld in full); and that Record B14 is a duplicate of Record B12. Where the Police have allowed partial access to the appellant in one appeal and withheld the same record in its entirety in the other appeal, I will only address those portions of the record which have not been disclosed. Therefore, my findings in respect of Records A1, A2, A3, A6, and B12 will apply equally to their duplicates. Finally, the Police have claimed no discretionary exemptions for Records A9 and A19. However, I will examine these records to determine if any mandatory exemptions apply. ISSUES: The issues to be addressed in this appeal are as follows: A. Whether the records contain "personal information" as defined in section 2(1) of the Act . B. If the answer to Issue A is yes, and the records contain the personal information only of individuals other than the appellant, whether the mandatory exemption provided by section 14 of the Act applies. C. If the answer to Issue A is yes, and the records contain the personal information of both the appellant and other individuals, whether the discretionary exemption provided by section 38(b) of the Act applies. SUBMISSIONS/CONCLUSIONS: ISSUE A: Whether the records contains "personal information" as defined in section 2(1) of the Act . Personal information is defined in section 2(1) of the Act , in part, as "recorded information about an identifiable individual". I have reviewed the information in the records at issue and, in my view, all of the information in the records qualifies as personal information for the purposes of section 2(1) of the Act . I further find that Records A3, A4, A7, A8, A14, A18, B1, B15 and B17 contain personal information that relates solely to individuals other than the appellant. Of these records, the personal information in Records A3, A4, A7, A14, B1, B15 and B17 relates solely to the complainant. Records A1, A2, A6, A10, A11, A12, A13, B2, B4, B5, B10, B11, B12 and B13 all contain personal information of both the appellant and other identifiable individuals, including the complainant. The Police have not claimed any discretionary exemptions in respect of Records A9 and A19. I have reviewed these two records and find that they contain solely the personal information of the appellant. No mandatory exemptions apply to these records. Therefore, they should be disclosed to the appellant. ISSUE B: If the answer to Issue A is yes, and the records contain the personal information only of individuals other than the appellant, whether the mandatory exemption provided by section 14 of the Act applies. Under Issue A I determined that Records A3, A4, A7, A8, A14, A18, B1, B15 and B17 contain personal information relating solely to individuals other than the appellant. Once it has been determined that a record contains personal information, section 14(1) of the Act prohibits the disclosure of this information except in certain circumstances enumerated in sections 14(1)(a) through (f) of the Act . The appellant claims that the exception in section 14(1)(d), which expressly authorizes disclosure under an Act of Ontario or Canada, applies. The appellant states that the pre-trial disclosure provided for in criminal matters before the courts applies, by extension, under section 14(1)(d) of the Act . He states
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Legislation
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MFIPPA
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14(1)(d)
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14(1)(f)
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14(3)(a)
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14(3)(b)
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14(3)(d)
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14(4)
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2(1) personal information
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38(b)
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Subject Index
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Published
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May 11, 1994
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Type
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Order
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