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M-352

Document		M-352


File #		M-9200268


Institution/HIC		Municipality of Metropolitan Toronto


Summary		This is an appeal under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The appellant has requested copies of records from the Municipality of Metropolitan Toronto (the Municipality). Specifically, the request was for access to the appellant's file maintained by the Social Services Division of the Municipality's Community Services Department. One entire record and parts of several others were not disclosed and are at issue in this appeal. The record withheld in its entirety consists of the Minutes of Settlement in an action before the Provincial Court (Family Division). The information withheld from disclosure in the other records at issue includes the Social Insurance Number and OHIP number of an individual other than the appellant. The records are described in more detail in Appendix "A" to this order. The Municipality relies on the following exemption to deny access to information which has been withheld: invasion of privacy - section 14(1). A Notice of Inquiry was provided to the Municipality, the appellant, and two individuals named in the portions of the records which are at issue (the affected persons). Because it appeared that some of the records which the Municipality had partially withheld from disclosure contained the personal information of the appellant as well as other individuals, the Appeals Officer asked for representations on the possible application of section 38(b). That section provides a discretionary exemption in situations where an individual has requested access to his or her own personal information, and disclosure would constitute an unjustified invasion of the personal privacy of another individual or individuals. In response to the Notice of Inquiry, representations were received from the Municipality and the appellant only.


Legislation		MFIPPA 14(1) 38(b) 39(3) Section 38 Section 42 36(1) 37(1) 39(1) 43(1)


Subject Index		Charter of Rights and Freedoms consideration of section not raised by institution record by record approach record by record approach to affected person


Signed by		John Higgins


Published		Jul 14, 1994


Type		Order


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