On September 11, 1990, a request was made to the Ministry of Health (the "institution") for access to records, including statements made by three named individuals, which precipitated a letter of reprimand being placed on the requester's personnel file.
The institution advised the requester that disclosure of the responsive records might affect the interests of three other individuals, and that these individuals (the "affected persons") would be given an opportunity to make representations before the institution decided whether to release the records.
On October 12, 1990, the institution notified the affected persons pursuant to section 28(1) of the Freedom of Information and Protection of Privacy Act (the "Act"). All three persons advised the institution that they objected to disclosure.
On November 9, 1990, the institution advised the requester that access to some records was denied, and that partial access to other records would be granted, subject to certain severances. In all instances, the institution relied on sections 21 and 49(b) as the basis for denying access. The institution also advised the affected persons of its decision, and identified the severances which related to individual affected persons.
On December 6, 1990, the requester appealed the institution's decision and on December 7, 1990, one of affected persons appealed the head's decision to grant partial access to the one record which contained information relating to her.
The Appeals Officer obtained and reviewed copies of the records. During the course of mediation the one affected person agreed to the disclosure of a severed copy of the record relating to her, and her appeal was settled on that basis.