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Document
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M-223
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File #
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M-9300218
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Institution/HIC
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Durham Regional Police Services Board
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Summary
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The Durham Regional Police Services Board (the Police) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to named police officers' notebooks for certain identified dates. The requester is a representative of an individual who was involved in an incident leading to criminal charges being laid against him. As the requester received no response within 30 days from the time the request was made, the requester appealed on the basis that the Police were deemed to have refused access to the records responsive to the request, pursuant to section 22(4) of the Act . Within a few days of the filing of the appeal, the requester received a decision letter from the Police granting access to copies of the front covers of the officers' notebooks, but denying access to the contents of the notebooks, pursuant to sections 8(1)(a), 8(1)(b) and 14(1)(f) of the Act . The requester appealed the decision of the Police to deny access to the requested information. Mediation of the appeal was not possible, and notice that an inquiry was being conducted to review the decision of the Police was sent to the appellant and the Police. Representations were received from both parties. In her representations, the appellant narrowed the scope of her appeal to the denial of those parts of the notebooks of the named police officers showing the dates they worked and portions containing certain information relating to a named individual. The appellant also commented in her representations on the length of time it took the Police to clarify what she believed was a straight-forward request and to make a decision responsive on her request. I note, however, that the appellant exercised her remedy under the Act in filing an appeal on a deemed refusal basis after the Police failed to respond to her request within 30 days.
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Legislation
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MFIPPA
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14(1)(f)
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14(3)(b)
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2(1) personal information
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8(1)(a)
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8(1)(b)
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Subject Index
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Signed by
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Asfaw Seife
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Published
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Nov 24, 1993
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Type
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Order
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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