This letter constitutes my Order in your appeal of the decision by the Ministry of the Solicitor General (the "institution"), to refuse to confirm or deny the existence of a record requested under the Freedom of Information and Protection of Privacy Act, 1987, as amended (the "Act"). On January 5, 1990, the undersigned was appointed Assistant Commissioner and received a delegation of the power to conduct inquiries and make Orders under the Act.
On July 20th, 1989, the institution received your request for access to any documents in the possession of the institution or the Ontario Police Commission relating to your client. In a letter to you dated July 28th, 1989, the institution's Freedom of Information and Privacy Co-ordinator (the "Co-ordinator") confirmed your agreement to clarify your request. As a result, your request was separated into three requests. The request which is the subject of this appeal was identified as Application No. 3.
On September 22, 1989, the Co-ordinator responded to your request by indicating that the existence of the requested record could not be confirmed or denied in accordance with subsection 14(3) of the Act. On October 13, 1989, you appealed the decision of the Co-ordinator to this office. Notice of the appeal was given to you and the institution on October 17th, 1989.
As you know, as soon as your appeal was received, an Appeals Officer was assigned to investigate the circumstances of the appeal and attempt to mediate a settlement.
The institution was advised by the Appeals Officer that since the request related to your client's personal information, section 49 should have been cited along with subsection 14(3) of the Act in the institution's original written response. As you know, the inclusion of this section as a basis of its decision was acknowledged by the institution.