The former spouse of an individual made a request to the AGCO under the Freedom of Information and Protection of Privacy Act for records about an investigation following the death of the individual. The requester stated that she was exercising a right of access on behalf of their deceased spouse under section 66(a) of the Act.
The AGCO withheld the responsive records in their entirety under sections 49(a) (discretion to refuse requester’s own information), read with law enforcement exemptions (sections 14(2)(a), 14(1)(c), and 14(1)(d)), the personal privacy exemption (section 49(b)), the solicitor-client exemption (section 19), and the third-party information exemption (section 17(1)). The AGCO also claimed that some of the records were protected under section 49(a), read with section 19 during the inquiry.
In this order, the adjudicator partially upholds the AGCO’s decision. He finds that the requester is exercising a right of access on behalf of the deceased individual. He finds that some of the records are exempt from disclosure under section 49(b), but there are portions that do not contain personal information and should be disclosed. He finds that the other records are not exempt from disclosure and orders them disclosed, with the exception of some records that are protected by sections 19 and 49(a), read with section 14(1).
PO-4624
Collection
Access to Information Orders
Date
File Numbers
PA21-00608
Adjudicators
Chris Anzenberger
Decision Type
Order
Applicable Legislation
FIPPA - 2(1)
FIPPA - 14(1)
FIPPA - 14(2)
FIPPA - 17
FIPPA - 19
FIPPA - 49(a)
FIPPA - 49(b)
FIPPA - 66(a)