Access to Information Orders

Decision Information

Summary:


In Order PO-2109, I reviewed a decision issued by the Ontario Rental Housing Tribunal (the Tribunal) in response to a request under the Freedom of Information and Protection of Privacy Act (the Act) for the production of a weekly list consisting of “… all names, addresses, hearing dates and the location of the hearing of tenants whose landlords, in the future, file an application to evict with the Tribunal.”

During the course of that appeal, it was brought to my attention that the Tribunal had a practice of disclosing “custom reports” to commercial clients outside of the Act. The reports were frequently disclosed under terms outlined in Memoranda of Understanding between the Tribunal and the individual requesters but were also disclosed in response to individual requests for select information contained in various application files. These reports were provided to a number of requesters on a regular basis.

The reports that I reviewed during the course of that previous appeal appeared to contain the personal information of individuals (names, addresses, dates and locations of eviction proceedings) other than the requesters. After conducting an inquiry, I found that the information at issue qualified as “personal information” as that term is defined in section 2(1) of the Act, and that none of the exceptions to the mandatory section 21 exemption dealing with this type of information were present. Therefore, I required the Tribunal to withhold access. As a postscript to Order PO-2109, I stated that agreements of that nature “cannot take precedence over the Act in circumstances where the personal information at issue qualifies under the mandatory section 21 exemption claim.” I urged the Tribunal to review its policy of providing personal information of tenants and to take whatever steps were required to ensure that any such disclosure is made in accordance with the Act.

In response to Order PO-2109, the Tribunal rescinded its outstanding Memoranda of Understanding for “custom reports” and denied subsequent requests under the Act for information contained in Tribunal application files.

Decision Content

ORDER PO-2268

 

Appeal PA-030140-1

 

Ontario Rental Housing Tribunal


BACKGROUND

 

In Order PO-2109, I reviewed a decision issued by the Ontario Rental Housing Tribunal (the Tribunal) in response to a request under the Freedom of Information and Protection of Privacy Act (the Act) for the production of a weekly list consisting of  “… all names, addresses, hearing dates and the location of the hearing of tenants whose landlords, in the future, file an application to evict with the Tribunal.”

 

During the course of that appeal, it was brought to my attention that the Tribunal had a practice of disclosing “custom reports” to commercial clients outside of the Act.  The reports were frequently disclosed under terms outlined in Memoranda of Understanding between the Tribunal and the individual requesters but were also disclosed in response to individual requests for select information contained in various application files.  These reports were provided to a number of requesters on a regular basis.

 

The reports that I reviewed during the course of that previous appeal appeared to contain the personal information of individuals (names, addresses, dates and locations of eviction proceedings) other than the requesters.  After conducting an inquiry, I found that the information at issue qualified as “personal information” as that term is defined in section 2(1) of the Act, and that none of the exceptions to the mandatory section 21 exemption dealing with this type of information were present.  Therefore, I required the Tribunal to withhold access.  As a postscript to Order PO-2109, I stated that agreements of that nature “cannot take precedence over the Act in circumstances where the personal information at issue qualifies under the mandatory section 21 exemption claim.”  I urged the Tribunal to review its policy of providing personal information of tenants and to take whatever steps were required to ensure that any such disclosure is made in accordance with the Act.

 

In response to Order PO-2109, the Tribunal rescinded its outstanding Memoranda of Understanding for “custom reports” and denied subsequent requests under the Act for information contained in Tribunal application files.

 

NATURE OF THE APPEAL:

 

The Tribunal received a request under the Act for a report listing information about the current open Above Guideline Rent Increase applications (AGI application) submitted to the Tribunal for residential complexes with 50 or more units located in the Greater Toronto Area.  Specifically, the request was for:

 

  • the address(es) of buildings included in the complex
  • number of units in the residential complex
  • the date of application
  • the date of hearing (if scheduled)
  • the file number of the application

 

The Tribunal identified the responsive records and denied access to all of the information in accordance with section 21 of the Act (invasion of privacy).  In its decision letter the Tribunal stated:

 

In light of the IPC decision [Order PO-2109], I believe the information you are requesting is personal under [the Act].  The information still includes the address of the building, which allows you to contact tenants at their homes, even without their names (for example, by addressing a letter to “occupant”).  Given that this contact would be initiated based on your knowledge that they are a respondent to a Tribunal application, I believe contacting them in that manner would constitute an unjustified invasion of personal privacy pursuant to section 21 of [the Act].

 

The requester, now the appellant, appealed the Tribunal’s decision.

 

Mediation was not successful, and the appeal was transferred to the adjudication stage.

 

I initiated my inquiry by sending a Notice of Inquiry to the appellant setting out the issues and seeking representations.  The appellant responded with representations.  I then asked for and received documentation from the Tribunal on the processes and practices relating to the collection, use and disclosure of file related information.

 

RECORDS:

 

The record at issue in this appeal is a report compiled from information contained on the AGI applications for residential complexes with 50 or more units located in the Greater Toronto Area.   I have reviewed a sample of an AGI report previously provided by the Tribunal to the appellant in response to a similar request.  The sample report contains all of the information at issue in this appeal.  The Tribunal has also provided me with a sample AGI application file.  While the AGI application forms contain the names of tenants that are parties to the applications, as well as detailed information surrounding the applications themselves, the information requested by the appellant here is limited to the following:

 

         the address(es) of buildings included in the complex

         number of units in the residential complex

         the date of application

         the date of hearing (if scheduled)

         the file number of the application

 

As the appellant makes clear, he does not want access to names, telephone numbers, amounts of rent paid or owed, or any other specific details about the application.

 

DISCUSSION:

 

PERSONAL INFORMATION

 

General principles

 

The section 21 personal privacy exemption applies only to information that qualifies as “personal information” as defined in section 2(1) of the Act.  “Personal Information” is defined, in part, as follows:

 

“personal information” means recorded information about an identifiable individual, including,

 

 

(c)        any identifying number, symbol or other particular assigned to the individual,

 

(d)       the address, telephone number, fingerprints or blood type of the individual,

 

 

(h)        the individual's name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual;

To qualify as personal information, the information must be about the individual in a personal capacity.  As a general rule, information associated with an individual in their professional, official or business capacity will not be considered to be “about” the individual [Orders P-257, P-427, P-1412, P-1621, R-980015, MO-1550-F, PO-2225].

 

In addition, to qualify as personal information, it must be reasonable to expect that an individual may be identified from the information [Order PO-1880, upheld on judicial review in Ontario (Attorney General) v. Pascoe, [2002] O.J. No. 4300 (C.A.)].

 

Appellant’s representations

The appellant submits [all bolded portions are included in the appellant’s representations]:

 

As a result of Order PO-2109 which “urged [the Tribunal] to review its policy of providing personal information of tenants …”, I was refused access to the information which had been provided to me for the previous four years.  I have no disagreement with Order PO-2109.  [The Tribunal] was clearly giving out information about eviction applications that was personal and identifiable in violation of section 2(1) of [the Act].

 

The appellant submits, however, that the information at issue in this appeal is distinguishable from the information covered by Order PO-2109:

 

… The information at issue in Order PO-2109 was “personal” and “identifiable”.  The appellant had requested the names addresses and eviction dates that specifically related to individuals. I, on the other hand, have not requested any names, personal addresses or any “recorded information about an identifiable individual as defined in section 2(1) of [the Act].

 

            …

 

I have not requested any “personal” information whatsoever.  I have not requested any names, personal addresses or any recorded information about an “identifiable” individual as defined in Section 2(1) of [the Act].

 

The appellant points to Order M-197, in which Adjudicator Donald Hale states:

 

Regarding the property descriptions in the record, previous orders have found that addresses or geographical locations, in and of themselves, do not necessarily constitute “personal information” under section 2(1) of the Act (Orders 23, M-15, M-176 and M-181).

 

The appellant takes the position that these orders stand in direct contradiction to the Tribunal’s rationale for refusing his request on the grounds that “the information still includes the address of the building”.

 

Findings

 

Case/file number

 

The definition of “personal information” includes “any identifying number” assigned to an identifiable individual [paragraph (c)].

 

The appellant’s request includes the file numbers of all active AGI applications.  The Tribunal explains that when an application is initially scanned into their computer database, the system automatically assigns an application number for the file.  The Tribunal has confirmed that only parties to an application have access to information from the file.  I have been provided with a copy of the Tribunal’s Call Centre and Counter Policies Issue #13 which details how Tribunal staff should respond to requests from clients to access files.  That policy states:

 

Staff should not provide information about Tribunal applications to non-parties, even if they know the file number. Staff should tell the client they can request the information under [the Act].

 

The file number itself is not referable to an individual.  Given the Tribunal’s policy, I am satisfied that the file associated with a file number is not accessible to anyone other than a party to the application.  Accordingly, there is no reasonable expectation that an individual can be identified from the file number, and the number cannot be considered an identifying number assigned to an individual.  Therefore, the number does not qualify as “personal information”, and it should be provided to the appellant.

 

Address

 

“Personal information” also includes the addresses of an identifiable individual [paragraph (d)].

 

The appellant specifies that he is requesting “building addresses” and not apartment numbers or “personal addresses”. Apartment numbers are also not listed on the sample AGI report provided to me by the Tribunal.  The “address” being requested by the appellant is the address of the buildings that contain units that are subject to above guideline rent increases and not any specific addresses of individual units within these buildings.

 

In my view, without individual unit numbers, there is no reasonable expectation that an individual can be identified from the disclosure of the addresses of buildings containing units that are subject to above guideline rent increases.  Accordingly, I find that building addresses contained on AGI applications, without the individual unit numbers, do not contain information about an identifiable individual, and therefore do not qualify as “personal information”.

 

Other information

           

The other requested information consists of the application filing and hearing dates and the number of units affected by each application.

 

Clearly, none of this information itself qualifies as “personal information” and, in light of the Tribunal’s policy regarding access to application file documentation, I am satisfied that there is no reasonable expectation that an individual can be identified from the disclosure of the application filing and hearing dates and the number of units affected by the various AGI applications.

 

Conclusion

 

I find that none of the requested information qualifies as “personal information” under the Act.  Because the section 21(1) exemption relied on by the Tribunal in this case cannot apply where no “personal information” is at issue, and no other exemptions have been raised, the information must be disclosed to the appellant.

ORDER:

 

1.      I do not uphold the Tribunal’s decision to withhold the requested information.

 

2.      I order the Tribunal to disclose the requested information to the appellant, except for the unit component of the address information, by May 19, 2004.

 

3.      In order to verify compliance with this order, I reserve the right to require the Tribunal to provide me with a copy of the information disclosed to the appellant pursuant to Provision 2, upon request.

 

 

 

 

 

Original signed by:                                                                              April 28, 2004                                               

Tom Mitchinson

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