|
|
Document
|
|
M-240
|
|
|
|
|
|
Institution/HIC
|
|
Metropolitan Toronto Police Services Board
|
|
|
|
|
|
Summary
|
|
ORDER BACKGROUND: The Metropolitan Toronto Police Services Board (the Police) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to: 1. the record compiled in the investigation of the death of [the requesters' son]; and 2. the record of the autopsy performed on [the requesters' son], on or about June 21, 1988; and 3. all negatives exposed at and copies of all photographs developed of the autopsy of [the requesters' son]. The Police granted partial access to the requested information. The Police disclosed a press release pertaining to the investigation of the death, a blank page from a bail verification form, a press release pertaining to the availability of a restricted drug, and an abstract of an article from a journal. Access was denied to the remainder of the records pursuant to sections 8(1)(a), 8(1)(b), 8(1)(h), 8(1)(l), 8(2)(a), 8(2)(c), 9(1)(d), 12, 14, 15(a) and 38(b) of the Act , and because some records contained information which is not responsive to the request. The requesters appealed the denial of access to the records, and indicated that they believe that additional records responsive to their request exist. During mediation, the appellants indicated that the information contained in the records does not relate to the administration of the estate. Therefore, the appellants stated that they are not seeking access to the personal information as a representative of the deceased under section 54(a) of the Act . The appellants indicate that they had previously obtained the following four records, and consequently, these records are not at issue in this appeal: (a) Recommendations of the Jury (Records 10 and 11, duplicate Records 118 and 119); (b) Verdict of Coroner's Jury (Records 13, 14 and 15, duplicate Records 115, 116 and 117); (c) Forensic Science Report (Record 20, duplicate Records 74 and 376); (d) Post Mortem Examination (Records 75, 76, 78, 79 and 80). The appeal was not resolved by mediation, and notice that an inquiry was being conducted to review the decision of the Police was sent to the appellants and the Police. Written representations were received only from the Police. While the representations were being considered, Commissioner Tom Wright issued Order M-170, adopting the Ontario Court (General Division) (Divisional Court) decision in the case of John Doe v. Ontario (Information and Privacy Commissioner) (1993), 13 O.R. (3d) 767. This decision interpreted several provisions of the Act in a way which differed from the interpretation developed in orders of the Commissioner. Since similar statutory provisions were also at issue in the present appeal, it was determined that copies of Order M-170 should be provided to the parties, and the appellant and the Police were provided with the opportunity to change or to supplement the representations previously submitted. No additional representations were received. PRELIMINARY ISSUES: In their representations, the Police withdrew the exemptions claimed under sections 8(2)(a) and 12 of the Act . Accordingly, these exemptions will not be considered. The representations of the Police do not make reference to section 8(2)(c) of the Act . Section 8(2)(c) is a discretionary exemption and I will not consider it in the absence of representations to support its application. The Police claim that Records 138-140, 144-146, 219-221, 224, 227, 233, 247, 259, 261, 266, 268, 270, 272, 286-288, 291, 311, 313, 321, 339, 342, 364, 370-371, 375 and 381 are not responsive to the request. These records consist of photocopies of file covers, notes relating to police promotional procedures, and Court Notification & Statement Requests relating to an individual other than the deceased. I have reviewed these records and, in my view, they are not responsive to the request. The Police claimed section 8(1)(l) of the Act to exempt parts of Records 241, 242, 243 and 246. The information severed pursuant to this section consists of "10 code" entries in police officers' notebooks relating to police availability for communication. I have reviewed the information and, in my view, it is not responsive to the appellant's request. Accordingly, it is not necessary for me to consider section 8(1)(l) of the Act . The records remaining at issue and the exemptions claimed for each are identified in Appendix "A" to this order. ISSUES: 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 personal information relates to individuals other than the appellants, whether the mandatory exemption provided by section 14 of the Act applies. C. Whether the discretionary exemption provided by section 15(a) of the Act applies. D. Whether the mandatory exemption provided by section 9 of the Act applies. E. Whether the discretionary exemptions provided by sections 8(1)(a), (b) and (h) of the Act apply. F. If the answer to Issue A is yes, and the personal information relates to the appellants and other individuals, whether the discretionary exemption provided by section 38(b) of the Act applies. G. Whether the Police have conducted a reasonable search for responsive records. SUBMISSIONS/CONCLUSIONS: ISSUE A: Whether the records contain "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, ... Section 2(2) of the Act states: Personal information does not include information about an individual who has been dead for more than thirty years. In my view, with the exception of Record 402, all of the information contained in the records qualifies as personal information under section 2(1) of the Act , and relates to identifiable individuals, including the appellants' son who is deceased. Section 2(2) does not apply as the death occurred within the past thirty years. Records 1 (duplicated on Records 273, 274 and 275), 30, 41 and 42 (duplicated on Records 180 and 181), 334, 335 and 396 contain the names,
|
|
|
|
|
|
Legislation
|
|
-
MFIPPA
-
14(1)(f)
-
2(1) personal information
-
22(1)(a)(ii)
-
38(b)
-
8(1)
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Published
|
|
Dec 14, 1993
|
|
|
|
|
|
Type
|
|
Order
|
|
|
|
|
|
<<
Back
|
|
|