An individual asked the OPP for the information that it has about him.
The ministry, for the OPP, provided the individual with copies of a significant amount of OPP records, but refused access to some for a variety of reasons (exemptions) in the Freedom of Information and Protection of Privacy Act. The ministry also claimed that some of the records (use of force occurrence reports) are unable to be obtained through the access provisions of the Act because of the labour relations and employment exclusion (section 65(6)).
The adjudicator does not accept the ministry’s claim that the use of force occurrence reports are excluded from the Act. However, she finds that they are exempt from disclosure to the appellant under section 49(e) (correctional records).
Regarding the remaining records, the adjudicator orders the ministry to provide the appellant with personal information that is his own or of others who have consented to its disclosure. But, she upholds the ministry’s claim that the remaining information is exempt from disclosure because it is subject to the solicitor-client privilege (section 19), law enforcement (section 14(1)(l)) or personal privacy (section 49(b)) exemptions.
PO-4619
Collection
Access to Information Orders
Date
File Numbers
PA20-00465
Adjudicators
Valerie Jepson
Decision Type
Order
Applicable Legislation
FIPPA - 2 personal information
FIPPA - 14(1)
FIPPA - 19
FIPPA - 49(a)
FIPPA - 49(e)
FIPPA - 49(b)
FIPPA - 21(3)(d)
FIPPA - 21(2)(f)
FIPPA - 65(6)