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Document
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MO-1436
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Institution/HIC
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York 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 Protection of Privacy Act (the Act ) from a decision of the York Regional Police Services Board (the Police). The requester (now the appellant) sought access to the notebooks of a named police officer and his partner with respect to an investigation of an alleged assault against the appellant. The Police located the notes responsive to the request and granted access to some of the records, but withheld others on the basis of the exemption in section 14 (personal privacy) in conjunction with section 38(b) of the Act . The appellant had advised the Police that he required the information in the notebooks in order to institute a privately laid criminal charge and/or a civil action against the person who allegedly assaulted the appellant (the affected party). I initially sent to the Police a Notice of Inquiry that set out the facts and issues in the appeal. The Police submitted representations which I sent in their entirety to the appellant. The appellant submitted representations in response. The appellant, in his representations, advised the Police that he no longer required disclosure of the names and addresses of the witnesses. He also agreed to restrict his access request to the full name and address of the affected party, and if required, to accept the release of only the name of the affected party. RECORDS: The information at issue is the name and address of the affected party as contained in the notebooks of two police officers. DISCUSSION: PERSONAL INFORMATION The first issue to be determined is whether the record contains personal information, and if so, to whom that personal information relates. Under section 2(1) of the Act, personal information is defined, in part, to mean recorded information about an identifiable individual. An individual's name constitutes personal information, pursuant to section 2(1)(h), "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 affected party's name appears in the record with information that meets the definition of personal information, including the affected party's address [section 2(1)(d)]. The Police have disclosed to the appellant most of the information related to the alleged assault that is contained in the notebooks. Disclosure of the name and address of the affected party at this point would reveal information about the affected party's involvement in the incident. This would be information "about" the affected party. Accordingly, I find that the name and address of the affected party is personal information of the affected party. As well, that part of the record disclosed by the Police contains the personal information of the appellant, including his name, address, date of birth, telephone number, and information about his involvement in the incident. RIGHT OF ACCESS TO ONE'S OWN PERSONAL INFORMATION/UNJUSTIFIED INVASION OF OTHER INDIVIDUAL'S PRIVACY Introduction Section 36(1) of the Act gives individuals a general right of access to their own personal information held by a government body. Section 38 provides a number of exceptions to this general right of access. Section 38(b) 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) and (3) of the Act provide guidance 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 institution to consider in making this determination. Section 14(3) lists the types of information the disclosure of which is presumed to constitute an unjustified invasion of personal privacy. Section 14(4) refers to certain types of information the disclosure of which does not constitute an unjustified invasion of personal privacy. The Divisional Court has stated that once a presumption against disclosure has been established under section 14(3), it cannot be rebutted by either one or a combination of the factors set out in section 14(2) [ John Doe v. Ontario (Information and Privacy Commissioner ) (1993), 13 O.R. (3d) 767]. Section 14(2) factors Section 14(2)(d) - fair determination of rights The appellant submits that he intends to bring a civil action and/or a private prosecution against the affected party concerning the alleged assault. In this regard, the appellant appears to be relying on section 14(2)(d) as a factor to be weighed in favour of disclosure. Section 14(2)(d) reads: A head, in determining whether a disclosure of personal information constitutes an unjustified invasion of personal privacy, shall consider all the relevant circumstances, including whether, the personal information is relev
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Legislation
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Published
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Jun 04, 2001
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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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