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FOI (Municipal) - Personal Privacy [s.14]. Carling (Township) v. Ontario (Information and Privacy Commissioner)
In Carling (Township) v. Ontario (Information and Privacy Commissioner) (Div Court, 2024) the Divisional Court dismisses an FOI JR, with the underlying issue being requests for municipal employment contracts which were assessed under MFIPPA s.14(1) [SS: 'Personal privacy']:[2] The Township withheld disclosure of the information, relying upon the mandatory personal privacy exemption set out at s. 14 (1) of the Act. The Requester appealed the Township’s decision to the Information and Privacy Commissioner of Ontario (the “IPC”).
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[4] By Order MO-4335, dated February 22, 2023 (the “Order”), Adjudicator Lan An determined that some, but not all, of the requested information was “personal information” as defined under s. 14(1) of the Act.
[5] Section 14(1) requires institutions to withhold personal information unless an exception applies. The relevant exemption is s. 14(1)(f), which permits disclosure of personal information if the disclosure does not constitute an “unjustified invasion of personal privacy”.
[6] Section s. 14(4)(a) provides that disclosure does not constitute an unjustified invasion of personal property if it “discloses the classification, salary range and benefits, or employment responsibilities of an individual who is or was an officer or employee of an institution” (emphasis added).
[7] The Adjudicator concluded that the information relating to termination or severance constituted “benefits” and was subject to the exemption in s. 14(4)(a) of the Act. On that basis, the Adjudicator issued the Order, requiring the Township to disclose the requested information to the Requester.
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Statutory Framework
[16] Section 2(1)(a) to (h) of the Act defines “personal information” to mean “recorded information about an identifiable individual, including,” information relating to the individual’s history.
[17] Section 14(1) of the Act directs that a request for disclosure of “personal information” shall be refused except if the disclosure falls within the exemptions listed at ss. 14(1) (a) to (f). The exemption at s. 14(1)(f) is “if the disclosure does not constitute an unjustified invasion of personal privacy”.
[18] Section 14(2) sets out the criteria to be considered in determining whether a disclosure of personal information constitutes “an unjustified invasion of personal privacy”.
[19] Section 14(3) of the Act reads as follows:Presumed invasion of privacy
(3) A disclosure of personal information is presumed to constitute an unjustified invasion of personal privacy if the personal information,
(a) relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation;
(b) was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation;
(c) relates to eligibility for social service or welfare benefits or to the determination of benefit levels;
(d) relates to employment or educational history;
(e) was obtained on a tax return or gathered for the purpose of collecting a tax;
(f) describes an individual’s finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness;
(g) consists of personal recommendations or evaluations, character references or personnel evaluations; or
(h) indicates the individual’s racial or ethnic origin, sexual orientation or religious or political beliefs or associations. [20] Section 14(4) of the Act creates exemptions to s. 14(3). It reads as follows:(4) Despite subsection (3), a disclosure does not constitute an unjustified invasion of personal privacy if it,
(a) discloses the classification, salary range and benefits, or employment responsibilities of an individual who is or was an officer or employee of an institution;
(b) discloses financial or other details of a contract for personal services between an individual and an institution; or
(c) discloses personal information about a deceased individual to the spouse or a close relative of the deceased individual, and the head is satisfied that, in the circumstances, the disclosure is desirable for compassionate reasons.
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