Information and Privacy Commissioner Ontario

The appellant requested records from the Ministry of Labour relating to accidents, incidents, and environmental matters at a specific building.

The Ministry released a large number of documents but withheld portions under the personal privacy exemption.

The appellant appealed, arguing that additional records should exist.

The Inquiry Officer found that the Ministry's search for responsive records was reasonable and upheld the Ministry's decision.

The requester appealed the Ministry of Health's decision to withhold records relating to a proposal for support and attendant care services.

The Ministry claimed the records were exempt under section 13(1) of the Freedom of Information and Protection of Privacy Act as advice or recommendations.

The Assistant Commissioner found that only five specific portions of the records contained a suggested course of action qualifying for the exemption.

The remaining factual materials, opinions, and analyses were ordered to be disclosed.

The appellant, a Probation and Parole Officer, appealed the Ministry's decision to deny access to portions of an investigation report and a witness statement regarding allegations of sexual harassment against him.

The Ministry relied on the invasion of privacy exemption under section 49(b) of the Freedom of Information and Protection of Privacy Act.

The Inquiry Officer found that while some information was highly sensitive and supplied in confidence, the appellant had a right to know the substance of the complaint and the findings.

The Ministry was ordered to disclose the non-exempt portions of the records.

The appellant appealed a decision of the Metropolitan Toronto Police Services Board regarding a freedom of information request.

In a previous interim order, the Police were ordered to conduct a further search for responsive records relating to specific groups and provide a detailed affidavit.

The Police provided an affidavit from a detective in the Intelligence Services Unit detailing the search steps, retention practices, and explaining that the specified groups did not qualify for inclusion in the intelligence data bank.

The Inquiry Officer found that the Police had taken all reasonable steps to locate responsive records and upheld the decision, concluding the search was reasonable.

The appellant appealed a decision by the Hamilton-Wentworth Regional Police Services Board denying access to records relating to his placement in a witness protection program.

The Police claimed no responsive records existed in their custody and transferred the request to the Ministry of the Solicitor General and Correctional Services.

The sole issue was whether the Police conducted a reasonable search.

The Inquiry Officer found that the Police took all reasonable steps to locate the records, including contacting the OPP who confirmed custody of the documents, and upheld the Police's decision.

The appellant requested a fee waiver for records relating to involuntary terminations of union and management staff.

The Municipality denied the fee waiver.

The appellant appealed, arguing that dissemination of the records would benefit public health or safety.

The Inquiry Officer found insufficient evidence to demonstrate a benefit to public health or safety and upheld the Municipality's decision not to waive the fees.

The appellant requested records from the Municipality of Metropolitan Toronto regarding WCB claims related to video display terminals (VDTs).

The Municipality provided a fee estimate and the appellant requested a fee waiver under section 45(4)(c) of the Municipal Freedom of Information and Protection of Privacy Act, arguing dissemination would benefit public health or safety.

The Inquiry Officer upheld the Municipality's decision not to waive the fees, finding the appellant failed to demonstrate that disseminating the records would yield a public benefit or contribute meaningfully to the understanding of the issue.

The requester appealed the Ministry's decision regarding a freedom of information request for O.P.P. occurrence reports and officer notebook entries.

During the inquiry, the Ministry released the responsive records it had located, leaving the sole issue of whether a reasonable search was conducted for additional records.

The Inquiry Officer found that the Ministry's search was reasonable, as the requested 911 and telecommunications recordings from 1989 and 1990 had been destroyed pursuant to the Ministry's records retention policy.

The appellant requested records from the Municipality of Metropolitan Toronto regarding union staff granted leave without pay.

The Municipality provided a fee estimate and the appellant requested a fee waiver, arguing that dissemination of the records would benefit public health or safety under section 45(4)(c) of the Municipal Freedom of Information and Protection of Privacy Act.

The Inquiry Officer applied the four-factor test from Order P-474 and found that the appellant failed to provide sufficient evidence to demonstrate that dissemination would benefit public health or safety.

The Municipality's decision not to waive the fees was upheld.

The appellant requested access to records from the Ministry of the Attorney General relating to allegations that he had committed sexual offences against his children.

The Ministry denied access, relying on exemptions for invasion of privacy and solicitor-client privilege.

The Inquiry Officer found that some records were exempt under the solicitor-client privilege exemption, while others were not.

The Inquiry Officer also found that disclosure of certain records would constitute an unjustified invasion of personal privacy, but ordered the disclosure of other records with identifying information severed.

The requester appealed the Ministry of Citizenship's decision to deny access to background materials relating to a monetary grant made to an organization under the Anti-Racism Operational Funding Program.

The Ministry claimed exemptions for third party information and invasion of privacy.

The Assistant Commissioner found that while most of the records did not meet the test for the third party information exemption, specific financial information supplied by the organization with an implicit expectation of confidentiality was exempt.

The Ministry was ordered to disclose the non-exempt portions of the records.

The appellant requested access to a list of all Ontario physicians and the total number of laboratory tests ordered by each during a twelve-month period.

The Ministry of Health denied access under section 21(1) of the Freedom of Information and Protection of Privacy Act, claiming the records contained personal information.

The Inquiry Officer found that the number of tests ordered by identified physicians constituted personal information and that factors under section 21(2) weighed against disclosure.

The Ministry's decision to deny access was upheld.

The appellant requested access to all information pertaining to any investigations conducted by the Halton Regional Police Services Board into the operation of computer bulletin board services.

The Police refused to confirm or deny the existence of the records under section 8(3) of the Act.

The Inquiry Officer found that while the records, if they existed, would qualify for exemption under section 8(1), the Police failed to establish that disclosing the mere existence or non-existence of the records would communicate exempt information.

The Inquiry Officer ordered that section 8(3) did not apply and disclosed that no responsive records existed.

The appellant appealed the City of Peterborough's response to a freedom of information request, arguing that additional responsive records should exist and that the records should be disclosed in the public interest due to a health and safety hazard.

The Inquiry Officer found that the City had conducted a reasonable search for the records.

Furthermore, the Inquiry Officer determined that section 5(1) of the Municipal Freedom of Information and Protection of Privacy Act did not apply to the records sought, and that the Information and Privacy Commissioner lacks the power to make an order under that section.

The City's decision was upheld.

The appellant requested access to the Ministry of Labour's policies and procedures on prosecutions under the Occupational Health and Safety Act.

The Ministry denied access to a 1992 Prosecution Policy, claiming solicitor-client privilege under section 19 of the Freedom of Information and Protection of Privacy Act.

The Inquiry Officer found that while the document was prepared by Crown counsel, it did not contain a legal opinion and was not prepared for the purpose of providing legal advice.

The Ministry was ordered to disclose the record.

The complainant alleged that the Ministry of the Solicitor General and Correctional Services improperly disclosed their personal information to a prospective employer in another province.

The Information and Privacy Commissioner investigated whether the disclosure of the complainant's employment history and the former superintendent's opinion on rehire suitability violated the Freedom of Information and Protection of Privacy Act.

The investigation concluded that while the information was personal information, its disclosure was for a consistent purpose under section 42(c) of the Act, as the complainant had signed an employment application acknowledging that references might be sought from unlisted sources.

The requester, a patient at a mental health centre, appealed the Ontario Criminal Code Review Board's decision to deny access to 74 records relating to his disposition hearings.

The Inquiry Officer ordered the disclosure of most records, finding that the Board's recommendations constituted decisions falling outside the advice or recommendations exemption, and that clinical records provided to the Board for non-clinical purposes were not excluded from the Act.

The law enforcement exemption was also rejected for inactive investigations.

However, the exemption for publicly available court records was upheld.

The appellant, acting as the Administratrix of a deceased person's estate, appealed a decision by the Hamilton-Wentworth Regional Police Services Board denying access to police records concerning a fatal sailing accident.

The appellant sought the records to determine whether to pursue a wrongful death lawsuit.

The Inquiry Officer found that the appellant could not rely on section 54(a) of the Municipal Freedom of Information and Protection of Privacy Act because a wrongful death lawsuit does not relate to the administration of the deceased's estate.

Furthermore, the records were compiled during a law enforcement investigation, triggering the presumption against disclosure under section 14(3)(b).

The appeal was dismissed and the police decision was upheld.

The appellant made a request under the Municipal Freedom of Information and Protection of Privacy Act for her personal information held by the Municipality of Metropolitan Toronto's Treasury and Corporate Personnel departments.

After receiving partial access, the appellant appealed, arguing that additional responsive records should exist, including her medical file and training course confirmations.

The Inquiry Officer reviewed the affidavits from the Municipality's Freedom of Information and Privacy Co-ordinators detailing their search efforts.

The Inquiry Officer found that the Municipality had conducted a reasonable search by knowledgeable staff in locations where the records might reasonably be located, and upheld the Municipality's decision.

The appellant appealed a decision by the Kingston Police Services Board, which claimed that no records existed in response to a request for correspondence from the Ministry of the Solicitor General and Correctional Services regarding a specific incident.

The sole issue was whether the Police conducted a reasonable search.

The Inquiry Officer reviewed the affidavit of the Freedom of Information and Privacy Co-ordinator detailing the search efforts and concluded that the Police had taken all reasonable steps to locate responsive records.

The decision of the Police was upheld.