Access to Information Orders
Decision Information
This order sets out the reconsideration of one aspect of Interim Order PO-2054-I, issued on October 21, 2002. The appellant had submitted a request to the Ministry of the Solicitor General for access to “the 147 records referred to on page 6 [of Order PO-1608].” In the reconsideration, the adjudicator found no defect in the adjudication process and upheld the original order to disclose the records.
Decision Content
INTRODUCTION:
This order sets out my decision on the reconsideration of one aspect of Interim Order PO-2054-I, issued on October 21, 2002.
The appellant submitted a request to the Ministry of the Solicitor General (now the Ministry of Public Safety and Security) (the Ministry), under the Freedom of Information and Protection of Privacy Act (the Act) for access to “the 147 records referred to on page 6 [of Order PO-1608].”
The Ministry identified a number of responsive records. It provided the appellant with access to some of them, in whole or in part, and denied access to other records on the basis of one or more of the exemptions contained in the Act. The appellant appealed the Ministry’s decision.
After conducting an inquiry, I found that certain records or portions of records did not qualify for exemption and, pursuant to Provision 1 of Interim Order PO-2054-I, I ordered the Ministry to disclose these records to the appellant. On November 7, 2002, I received a letter from the Ministry, asking me to reconsider five items relating to Provision 1. After considering the Ministry’s request, I rejected four items, and advised the parties accordingly.
As far as the remaining item was concerned, I issued an interim stay of Provision 1 as it applied only to the portions of pages 53, 54, 63 and 64 that contain cellular phone numbers. I then wrote to the parties on November 15, 2002, inviting them to provide representations on whether the Ministry’s reconsideration request for these records fits within any of the grounds for reconsideration set out in Section 18.01 of this office’s Code of Procedures, and if so, how I should deal with the substantive issues raised by the Ministry for these records. Both parties submitted representations, which were then exchanged, and additional representations were provided by the appellant in response.
DISCUSSION:
SHOULD THE ORDER BE RECONSIDERED?
Introduction
The reconsideration procedures for this office are set out in section 18 of the Code of Procedure. In particular, sections 18.01 and 18.02 of the Code state:
18.01 The IPC [Information and Privacy Commissioner] may reconsider an order or other decision where it is established that there is: