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Document
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M-365
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File #
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M-9400110
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Institution/HIC
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Metropolitan Toronto Police Services Board
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Summary
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This is an appeal under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The appellant has requested copies of records from the Metropolitan Toronto Police Services Board (the Police) relating to a complaint she filed with the Police Complaints Commissioner (the PCC). The Police originally denied access to the records, pursuant to the exemption in section 8(1)(a) of the Act . The Police advised the appellant that the records were not in their custody at the time of the request but were being reviewed by the PCC. Subsequently, the records responsive to the request were returned to the Police from the PCC. The Police issued a new decision letter to the appellant and provided access to the majority of the records. The Police claim that the following pages are not responsive to the request: Pages 22, 58, 61, 62 (in part), 68, 69 (in part), 70, 71-76, 79-84, 105 (in part) and 130 (in part). The appellant was advised of the position of the Police with respect to these pages. She initially indicated that, as she had not seen these pages, she was content to rely on the opinion of this office. Subsequently, she advised the Commissioner's office that she had changed her mind. She was notified of this matter but did not submit any representations with respect to her position. I have carefully reviewed the pages the Police claim are not responsive to the request. I agree with the Police that they are not responsive or relevant to the appellant's request. They all deal with Police investigations involving individuals other than the appellant. The records remaining at issue in this appeal may be generally described as internal correspondence, police officers' notebooks, investigation log sheets and occurrence reports concerning the appellant's complaint. They are described in Appendix "A" to this order. The Police rely on the following exemption in denying access to the records at issue: invasion of privacy - sections 14(1) and 38(b) A Notice of Inquiry was provided to the parties to the appeal. Representations were received from the Police and the appellant.
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Legislation
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Subject Index
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Signed by
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Anita Fineberg
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Published
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Aug 02, 1994
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Type
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Order
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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