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Document
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MO-1340
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Institution/HIC
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Halton Regional Police Services Board
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Summary
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NATURE OF THE APPEAL: This is an appeal under the Municipal Freedom of Information and Privacy Act (the Act ) from a decision of the Halton Regional Police Services Board (the Police). The requester (now the appellant) made a request to the Police for written information about the reason for a telephone call to her on October 18, 1999, from a police officer. The telephone call was in response to a complaint relating to the appellant's contacts with the members of a "support" group. During this telephone call, the Police cautioned the appellant against further contact with the members of the group. No further action was taken on the complaint. The Police responded to the request for information by providing the appellant with a copy of an occurrence report dated October 18, 1999, with some of the information withheld. In withholding parts of the report, the Police relied on the provisions of section 38(b) of the Act (discretion to refuse requester's own information where disclosure would constitute an unjustified invasion of another individual's privacy), and on sections 8(2)(a) and 38(a) (report prepared in the course of law enforcement). In their decision, the Police also relied on sections 14(2)(f) (highly sensitive personal information); 14(3)(a) (medical, psychiatric or psychological condition); 14(3)(b) (investigation into a possible violation of law); and 14(3)(h) (racial or ethnic origin, sexual orientation or religious or political beliefs or associations). During the course of responding to the request, the Police sought the consent of another individual whose rights may be affected by the disclosure of the record (the affected person), to the release of the information. The affected person, who is identified as the complainant on the occurrence report, did not consent. The appellant has appealed the decision of the Police to deny access to parts of the report. During the course of this appeal, the Police sent written representations in response to a Notice of Inquiry. The appellant was subsequently invited to submit representations in response to those of the Police, a copy of which she was provided with portions deleted for confidentiality concerns, and has submitted her own. RECORD: The record consists of a one-page occurrence report, dated October 18, 1999. The part of the record which has been disclosed to the appellant briefly describes the officer's assessment of the situation and of a conversation with the appellant. It concludes by stating that the report is filed for information only. The part of the record to which access has been denied includes some narrative about and the name, address and telephone number of the affected person (the complainant), as well as information about the appellant's next of kin. CONCLUSION: I have decided that the Police were justified in deciding against release of the information in the record pertaining to the complainant. I have also decided that the appellant ought to be provided access to the information about her next of kin, since it was she who provided that information to the Police. DISCUSSION: INVASION OF PRIVACY Personal information It is necessary to decide, firstly, whether the record contains personal information, and if so, to whom that personal information relates, for the answer to these questions determines which parts of the Act may apply. Under section 2(1) of the Act , "personal information" is defined, in part, to mean recorded information about an identifiable individual, including any identifying number assigned to the individual and the individual's name where 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. On my review of the record, I am satisfied that it contains the personal information of the appellant, and of other individuals. Among other things, it records the name of the complainant, racial origin, a date of birth, home address and telephone number, other information about the complainant, and the name, address and telephone number of a person identified on the form as the appellant's "next of kin". Discretion to refuse requester's own information Section 36(1) of the Act gives individuals a general right of access to their own personal information held by an institution. Section 38 provides a number of exceptions to this general right of access. Section 38(b) of the Act provides: A head may refuse to disclose to the individual to whom the information relates personal information, if the disclosure would constitute an unjustified invasion of another individual's personal privacy; Under section 38(b) of the Act , where a record contains the personal information of both the requester and other individuals and the institution determines that the disclosure of the information would constitute an unjustified invasion of another individual's personal privacy, the institution has the discretion to deny the requester access to that information. Section 38(b) of the Act introduces a balancing principle. The institution must look at the information and weigh the requester's right of access to his or her own personal information against another individual's right to the protection of their privacy. If the institution determines that release of the information would constitute an unjustified invasion of the other individual's personal privacy, then section 38(b) gives the institution the discretion to deny access to the personal information of the requester. In determining whether section 38(b) applies, sections 14(2), (3) and (4) of the Act provide guidance in determining whether disclosure of personal information would result in an unjustified invasion of the personal privacy of the individual to whom the information relates. Section 14(2) provides some criteria for the hea
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Legislation
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Subject Index
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Published
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Sep 20, 2000
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Type
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Order
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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