Access to Information Orders
Decision Information
• Records relating to complaints about an identified lawyer (an-email and four letters).
• Section 2(1) (definition of “personal information") - records contain personal information of identified lawyer.
• Section 21(1) (personal privacy) - upheld.
• Board's decision upheld.
Decision Content
NATURE OF THE APPEAL:
The Consent and Capacity Board (the Board) received a request under the Freedom of Information and Protection of Privacy Act (the Act) from a legal representative on behalf of their client, for access to records containing information pertaining to complaints about the conduct of an identified lawyer. In particular, the requester sought:
- any complaints to the Board respecting the conduct of the identified lawyer, and any responses to those complaints;
- any complaints and/or correspondence written and/or signed by members and/or other staff of the Board respecting the conduct of the identified lawyer and any responses to those complaints and/or correspondence; and,
- any internal memoranda and/or other internal documents of the Board respecting the conduct of the identified lawyer.
The Board identified records responsive to the request and notified the identified lawyer in accordance with section 28(1)(b) of the Act, who objected to the release of any information in the records. The Board then issued a decision letter denying access to the responsive records on the basis that they are exempt under the mandatory exemption at section 21(1) (personal privacy) with reference to section 21(3) (presumed invasion of privacy) of the Act.
The requester (now the appellant) appealed the decision.