A journalist made a freedom of information request for anonymized data from police databases to investigate racial profiling.
The police refused, arguing that extracting the data required creating a new algorithm, which meant the requested information was not a 'record' under s. 2(1)(b) of the Municipal Freedom of Information and Protection of Privacy Act.
The adjudicator ordered the police to respond to the request, but the Divisional Court quashed the order.
On appeal, the Court of Appeal restored the adjudicator's order, holding that where requested information can be produced from an institution's existing computer software by means of technical expertise normally used by it, it constitutes a record under the Act.
