Access to Information Orders
Decision Information
The Ottawa Police Services Board (the Police) received a request under the
Municipal Freedom of Information and Protection of Privacy Act (the Act) from two individuals (the appellants) for the following:
•
All records associated with and concerning a particular Police case number;
•
All Police decision records concerning this case; and
•
All “non-personal” personnel records about a named constable.
The Police located approximately 230 pages of responsive information and granted access to six pages consisting of a General Occurrence Report relating to the “case number” identified by the appellants (page 1), a letter from the primary appellant to the Police (pages 5 – 7), a letter from the primary appellant to a named individual (page 4), and copy of a registered letter from the primary appellant to the same named individual (page 9).
The Police denied access to personnel records of the named constable (pages 10-230) pursuant to section 14(1)(f) (invasion of privacy) with reference to the presumptions in sections 14(3)(d) (education and employment history) and (g) (personnel recommendations or evaluations) as well as to three other pages of records. In denying access to the three remaining pages of responsive records, the Police relied on sections 8(2)(a) (law enforcement report), 14(1)(f), with reference to the presumption in section 14(3)(b) (compiled and identifiable as part of an investigation into a possible violation of law) and 38(a) (discretion to refuse requester’s own information) and (b) (invasion of privacy) of the
Act.
The appellants appealed the decision.
Decision Content
NATURE OF THE APPEAL:
The Ottawa Police Services Board (the Police) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) from two individuals (the appellants) for the following:
- All records associated with and concerning a particular Police case number;
- All Police decision records concerning this case; and
- All “non-personal” personnel records about a named constable.