|
|
Document
|
|
I96-040M
|
|
|
|
|
|
Institution/HIC
|
|
INVESTIGATION REPORT INVESTIGATION I96-040M A POLICE SERVICES BOARD September 5, 1996
|
|
|
|
|
|
Summary
|
|
INTRODUCTION Background of the Complaint This investigation was initiated as a result of a complaint concerning a Police Services Board (the Police). The complainant was a teacher employed by a separate school board (the Board). One of the Board's former students accused the complainant of rape. The Police investigated the allegations, interviewing several witnesses, and taking their statements. The complainant was arrested and when the matter went to trial, he was acquitted. After the trial, the Police provided copies of the witness statements to the Board's Director of Education, for the purposes of a Board disciplinary hearing. The complainant was of the view that the witness statements contained his personal information, and that the actions of the Police breached the Municipal Freedom of Information and Protection of Privacy Act (the Act ). 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) Did the Police disclose the personal information in compliance with 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, that "personal information" means recorded information about an identifiable individual, including, (a) information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual, (b) information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved, ... (d) the address, telephone number, fingerprints or blood type of the individual, ... (e) the personal opinions or views of the individual except if they relate to another individual, ... (g) the views or opinions of another individual about the individual, and (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; The information in question was contained in a series of witness statements provided to the Police. The statements identified the witness, the complainant and other individuals by name, and provided accounts of various incidents involving the complainant, the alleged victim and other individuals. The Police submitted: The statements made by the witnesses where they speak of the accused were considered to be observations made by the witnesses as to their knowledge of the alleged criminal offences committed by the accused and not statements of opinion or personal view of the accused. Therefore, these observations were considered the personal information of the witnesses and not the accused. It is true there is some personal information of the accused contained in the disclosure, but this was information already in the possession of the Board ie. address, date of birth, employment history. I do not believe a witness' observations of a crime committed by an individual can be deemed the personal information of that individual and thus the individual afforded the protection of privacy as set out in the in Municipal Freedom of Information and Protection of Privacy Act in order to avoid detection and/or prosecution. It is our view that the witness statements contained the personal information of both the witnesses and other individuals, including the complainant. In their statements, the witnesses make various references to other individuals, e.g."she was the type of girl who kept to herself"; [the complainant] socialized too much with his students"; [the complainant] was like a father figure to her." These are the views or opinions of the witnesses about the individuals, and they constitute the individuals' personal information, including the complainant's. The witnesses gave accounts of various incidents involving other individuals, including the complainant. These accounts are the views of the witnesses about the individuals. They also constitute the personal information of the individuals, including the complainant. The witnesses also provided information about themselves, e.g. name, address, employment history, their views about how they felt about the situation. In our view, this information constitutes the personal information of the witnesses. In our view, the information in question met the requirements of paragraphs (a),(b),(d),(e),(g), and (h) of the definition of personal information in section 2(1) of the Act . Conclusion: The information in question was the witnesses' and the complainant's "personal information", as defined in section 2(1) of the Act . Issue B: Did the Police disclose the personal information in compliance with the Act ? Under the Act , an institution shall not disclose personal information except in the circumstances outlined in section 32. Section 32 states in part: An institution shall not disclose personal information in its custody or under its control except, ... (b) if the person to whom the information relates has identified that information in particular and consented to its disclosure; (c) for the purpose for which it was obtained or compiled or for a consistent purpose; ... (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 Police submitted that each of the witnesses had been contacted and that only the statements of the witnesses who consented to the disclosure were provided to the Board. The Act provides under section 32(b) that the person to whom the information relates may consent to the disclosure of his or her personal information. It is our view
|
|
|
|
|
|
Legislation
|
|
-
MFIPPA
-
2(1) personal information (a)
-
2(1) personal information (b)
-
2(1) personal information (d)
-
2(1) personal information (e)
-
2(1) personal information (g)
-
2(1) personal information (h)
-
32(b)
-
32(c)
-
32(e)
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Published
|
|
Sep 05, 1996
|
|
|
|
|
|
Type
|
|
Privacy Complaint Report
|
|
|
|
|
|
<<
Back
|
|
|