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PO-3133

Document		PO-3133


File #		PA11-328


Institution/HIC		Ministry of Community Safety and Correctional Services


Summary		The appellants requested records from the ministry relating to the death of their son on the basis of section 21(4)(d) (compassionate reasons). The ministry granted partial access to the responsive records, withholding witness statements and portions of an incident report and police officers’ notes on the basis of the discretionary exemption at section 49(a), in conjunction with sections 14(1)(l), 14(2)(a) (discretion to refuse requester’s own information/law enforcement), the mandatory exemption at section 21(1) and the discretionary exemption at section 49(b) (personal privacy). A number of issues were resolved during mediation and only the application of sections 21(1) and 49(b) remained to be determined at adjudication. The records all contain the personal information of the deceased and of one or more affected parties. Two records contain the personal information of one of the appellants. In this decision, the adjudicator ordered the disclosure of information pertaining to the deceased and his activities for a specified period of time because the disclosure is desirable for compassionate reasons. The adjudicator upheld the ministry’s decision to withhold identifying information of the affected parties and information that pertained directly to them.


Legislation		FIPPA 2(1) personal information 21(1)(a) 21(1)(f) 21(2)(f) 21(3)(b) 21(3)(g) 21(4)(d)


Signed by		Laurel Cropley


Published		Nov 09, 2012


Type		Order


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