Access to Information Orders

Decision Information

P-413

Collection Access to Information Orders
Date 1993-02-17
File Numbers P-910100
Adjudicators Holly Big Canoe
Type Order - Final
Applicable Legislation FIPPA; FIPPA - 49(b)
Summary:

ORDER This is my Final Order disposing of one outstanding issue as referred to in Interim Order P-403, dated January 21, 1993. In Interim Order P-403, I ordered the OHRC to reconsider its exercise of discretion under section 49(b) of the Freedom of Information and Protection of Privacy Act (the " Act ") with respect to Record 1. I further ordered the OHRC to provide me with representations as to the factors considered when so doing. In the Interim Order, I found that the OHRC had not properly exercised its discretion because, given the facts of this particular case, it had clearly not considered the fact that similar personal information contained in the typewritten complaint, was released to the appellant by the OHRC under the Act . I have received the OHRC's representations on the reconsideration of its exercise of discretion and the reasons for same. Taking into consideration the factors referred to in the representations, I feel that the OHRC's reconsideration of the exercise of his discretion should not be altered on appeal. ORDER: I uphold the OHRC's decision to withhold Record 1 from disclosure under section 49(b) of the Act . Original signed by: February 17, 1992 Holly Big Canoe Inquiry Officer

Decision Content

ORDER P-413

 

Appeal P-910100

 

Ontario Human Rights Commission

 

 ORDER

 

This is my Final Order disposing of one outstanding issue as referred to in Interim Order P-403, dated January 21, 1993.

 

In Interim Order P-403, I ordered the OHRC to reconsider its exercise of discretion under section 49(b) of the Freedom of Information and Protection of Privacy Act (the "Act") with respect to Record 1.  I further ordered the OHRC to provide me with representations as to the factors considered when so doing.

 

In the Interim Order, I found that the OHRC had not properly exercised its discretion because, given the facts of this particular case, it had clearly not considered the fact that similar personal information contained in the typewritten complaint, was released to the appellant by the OHRC under the Act.

 

I have received the OHRC's representations on the reconsideration of its exercise of discretion and the reasons for same.  Taking into consideration the factors referred to in the representations, I feel that the OHRC's reconsideration of the exercise of his discretion should not be altered on appeal.

 

 

ORDER:

 

I uphold the OHRC's decision to withhold Record 1 from disclosure under section 49(b) of the Act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Original signed by:                                                    February 17, 1992            

Holly Big Canoe

Inquiry Officer

 

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