Document

MO-2178

File #  MA-030159-1
Institution/HIC  Toronto Police Services Board
Summary
  • Request for police records including videotaped interviews.
  • Preliminary issue - effect of publication ban on the access decision - no impact on the decision in this appeal.
  • Section 2(1) definition of “personal information” - records contained personal information of appellant, and others.
  • Sections 14(1) and 38(b) (personal privacy) upheld for personal information of other individuals.
  • Section 8(1)(a) and (f) (law enforcement) not upheld.
  • Reasonable search - Police did not conduct a reasonable search for records.
  • Appellant's own information severed from the records and disclosed; appellant's own videotaped statements disclosed based on absurd result principle. Access to other individual’s information denied under section 38(b) and 14(1). Search conducted was not reasonable.
Legislation
  • MFIPPA
  • 2(1) personal information
  • 14(1)
  • 14(3)(a)
  • 14(3)(b)
  • 8(1)(a)
  • 8(1)(f)
  • 38(a)
  • 38(b)
Subject Index
Signed by  Frank DeVries
Published  Mar 29, 2007
Type  Order
Issue Outcomes
  • Request for police records including videotaped interviews.
  • Preliminary issue - effect of publication ban on the access decision - no impact on the decision in this appeal.
  • Section 2(1) definition of “personal information” - records contained personal information of appellant, and others.
  • Sections 14(1) and 38(b) (personal privacy) upheld for personal information of other individuals.
  • Section 8(1)(a) and (f) (law enforcement) not upheld.
  • Reasonable search - Police did not conduct a reasonable search for records.
  • Appellant's own information severed from the records and disclosed; appellant's own videotaped statements disclosed based on absurd result principle. Access to other individual’s information denied under section 38(b) and 14(1). Search conducted was not reasonable.
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