Access to Information Orders
Decision Information
NATURE OF THE APPEAL: This is an appeal under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The appellant requested that the City of Toronto (the City) provide him with copies of three documents: (1) a copy of a transcript of a meeting between a named individual and a representative of the City's Legal Department; (2) a copy of a letter sent by the named individual to the City; and (3) a copy of a letter sent from the named individual to a member of a Ratepayers Association (the Association). The City denied access to all three documents in their entirety. The appellant appealed this decision. The City subsequently disclosed Record 1, the transcript, to the appellant. A Notice of Inquiry was sent to the parties to the appeal, including the named individual, as well as the member of the Association. The named individual consented to the disclosure of Records 2 and 3, the letters he wrote. The member of the Association advised that he would not be submitting representations. In its representations, the City explains that, while the two letters contain the personal information of the named individual, disclosure would not result in an unjustified invasion of his personal privacy. I agree with this position as this individual has provided his consent to the disclosure of the letters. The City also submits that the name and address of the member of the Association contained in Record 3 does not constitute his personal information as he received the letter on behalf, or as the representative of, the Association (Order M-118). I agree. In summary, the City's representations do not cite any exemptions in the Act which would preclude the disclosure of the two letters. Having reviewed these letters and found that no mandatory exemptions apply, I am of the view that they should be disclosed to the appellant. ORDER: 1. I order the City to disclose Records 2 and 3 to the appellant within thirty-five (35) days after the date of this order, but not earlier than the thirtieth (30th) day after the date of this order. 2. In order to verify compliance with Provision 1, I reserve the right to require the City to provide me with a copy of the records which are disclosed to the appellant. Original signed by: Anita Fineberg, Inquiry Officer August 17, 1994
Decision Content
NATURE OF THE APPEAL:
This is an appeal under the Municipal Freedom of Information and Protection of Privacy Act (the Act). The appellant requested that the City of Toronto (the City) provide him with copies of three documents:
(1) a copy of a transcript of a meeting between a named individual and a representative of the City's Legal Department;
(2) a copy of a letter sent by the named individual to the City; and
(3) a copy of a letter sent from the named individual to a member of a Ratepayers Association (the Association).
The City denied access to all three documents in their entirety. The appellant appealed this decision. The City subsequently disclosed Record 1, the transcript, to the appellant.
A Notice of Inquiry was sent to the parties to the appeal, including the named individual, as well as the member of the Association. The named individual consented to the disclosure of Records 2 and 3, the letters he wrote. The member of the Association advised that he would not be submitting representations.
In its representations, the City explains that, while the two letters contain the personal information of the named individual, disclosure would not result in an unjustified invasion of his personal privacy. I agree with this position as this individual has provided his consent to the disclosure of the letters.
The City also submits that the name and address of the member of the Association contained in Record 3 does not constitute his personal information as he received the letter on behalf, or as the representative of, the Association (Order M-118). I agree.
In summary, the City's representations do not cite any exemptions in the Act which would preclude the disclosure of the two letters. Having reviewed these letters and found that no mandatory exemptions apply, I am of the view that they should be disclosed to the appellant.
ORDER:
1. I order the City to disclose Records 2 and 3 to the appellant within thirty-five (35) days after the date of this order, but not earlier than the thirtieth (30th) day after the date of this order.
2. In order to verify compliance with Provision 1, I reserve the right to require the City to provide me with a copy of the records which are disclosed to the appellant.
Original signed by: August 17, 1994
Anita Fineberg
Inquiry Officer