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I93-031M

Document		I93-031M


Institution/HIC		INVESTIGATION REPORT INVESTIGATION I93-031M A TOWNSHIP


Summary		INTRODUCTION Background of the Complaint This investigation was initiated as a result of a complaint concerning a named Township (the Township). An individual complained that the Township had disclosed his personal information contrary to the provisions of the Municipal Freedom of Information and Protection of Privacy Act , (the Act ). The complainant stated that he had filed a complaint with the Ontario Provincial Police (the police) concerning certain members of the Township's Council who had threatened him with violence at a council meeting. The police had then conducted an investigation but no charges were laid. According to the complainant, the Township had then obtained a copy of the police's General Occurrence Report dated April 30, 1993 (the report) and was selling the report to the public at twenty five cents a copy. Issues Arising from the investigation The following issues were identified as arising from the investigation: (A) Was the information in question "personal information" as defined in section 2(1) of the Act ? If yes, (B) Was the disclosure of the personal information in accordance with section 32 of the Act ? RESULTS OF THE INVESTIGATION Issue A: Was the information in question "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, including, ..... (h) the individual's name if it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual; (emphasis added) We have reviewed a copy of the report. The report contained the complainant's name together with other personal information about him, including specific statements attributed to him. In its reply to our draft report, the Township submitted that the description of any actions or statements attributed to the complainant did not constitute "personal information" since "any and all actions described in the Incident Report arose out of a public Council meeting..." In our view, the fact that the actions described in the report took place in an open council meeting was not relevant to the determination that the statements attributed to the complainant constituted his personal information. We remain of the view that the information contained in the report satisfied the requirements of paragraph (h) of the definition of "personal information" in section 2(1) of the Act . Conclusion : The information in question was "personal information" as defined in section 2(1) of the Act . Issue B: Was the disclosure of the "personal information" in accordance with section 32 of the Act ? Under the Act , an institution shall not disclose personal information in its custody or under its control except in the specific circumstances outlined in section 32. The Township stated that it had relied on section 32(e) of the Act for the disclosure of the report. Section 32(e) of the Act states: An institution shall not disclose personal information in its custody or under its control except, (e) for the purpose of complying with an Act of the Legislature or an Act of Parliament, an agreement or arrangement under such an Act or treaty; The Township had requested the report from the police. When the report was received by the Township, it was made the subject of a motion at a regular meeting of Council, on June 17, 1993. It was the Township's position that the report became a Township record once it was received as correspondence. The Township stated that under section 73 of the Municipal Act , one of the Clerk's duties is to keep records of the Council and that section 74(1) of the Municipal Act provides that: Any person may, at all reasonable hours, inspect any of the records, books or documents mentioned in section 73 and the minutes and proceedings of any committee of the council, whether the acts of the committee have been adopted or not, and other documents in possession or under the control of the clerk, and the clerk shall, within a reasonable time, furnish copies of them, certified under the clerk's hand and the seal of the corporation of the municipality, to any applicant on payment at such rate as the council may by by-law establish. It is also the Township's position that at no time did it sell copies of the report but rather, it charged the usual photocopying fee for records requested by members of the public. Therefore, according to the Township, it was permitted to disclose the report under section 74 of the Municipal Act and to provide a copy of it for a twenty five cents fee. We have ascertained that section 74(1) of the Municipal Act was amended in 1992 to read at the beginning "Subject to the Municipal Freedom of Information and Protection of Privacy Act ." Therefore, the Township was required to determine if any provisions of section 32 applied before disclosing records containing personal information under section 74(1) of the Municipal Act . We have determined that the Township did not do so in this case. It is our view that the Township's disclosure of the report was, therefore, not in accordance with section 74(1) of the Municipal Act and was, thus, not in accordance with section 32(e) of the Act . In its submissions to our draft report, the Township stated that section 32(c) of the Act also applied to the disclosure of the complainant's personal information. This section states that: An institution shall not disclose personal information in its custody or under its control except, (c) for the purpose for which it was obtained or compiled or for a consistent purpose; The Township stated that it had obtained the report in order to determine the status of the police investigation and to complete the Township's records with respect to this matter. In our


Legislation		MFIPPA 2(1) personal information (h) 32(c) 32(e)


Subject Index		compliance with an Act Municipal Act


Published		Dec 31, 1993


Type		Privacy Complaint Report


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