This order sets out my decision on the reconsideration of Order PO-2133, issued on March 24, 2003.
The appellant submitted a request to the Ministry of Correctional Services, now the Ministry of Public Safety and Security (the Ministry), under the Freedom of Information and Protection of Privacy Act (the Act), for access to the following information:
Any investigation reports or reviews done by the Ontario Board of Parole or Probation and Parole Services regarding the case of [a named offender].
The Ministry identified three responsive records and denied access to all of them in their entirety. The appellant appealed the Ministry's decision.
By the time the appeal reached the inquiry stage, the only exemption remaining at issue was section 21 (invasion of privacy). As outlined in Order PO-2133, based on representations provided by the appellant during the course of my inquiry, I determined that any personal information of the named offender and any victims, as well as the names of Ministry probation and parole staff, fell outside the scope of the appellant's request. After completing my inquiry, I found that the remaining portions of the records did not include "personal information", as defined in section 2(1) of the Act, and ordered disclosure.
Prior to the compliance date for Order PO-2133, the Ministry wrote asking me to reconsider my findings. The Ministry claimed that there was a fundamental defect in the adjudication process leading to the order based on two grounds:
- my failure to notify the named offender as an affected person; and
- my finding that the records ordered disclosed did not contain the personal information of this individual.
I stayed Order PO-2133 in order to provide the appellant with an opportunity to respond to the Ministry's position. After reviewing the Ministry's reconsideration letter, the appellant submitted representations objecting to the Ministry's reconsideration request.