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Document

MO-2699

File #  MA10-38
Institution/HIC  Toronto Police Services Board
Summary  The appellant sought access to an audio cassette recording of 911 calls made by an individual to the Toronto Police Services Board regarding a complaint of assault by the individual against the appellant. The appellant was subsequently convicted of criminal harassment. The police denied access to the record in its entirety pursuant to section 38(b) (personal privacy) of the Municipal Freedom of Information and Protection of Privacy Act. This order upholds the decision of the police. The information in the record contains both the appellant’s and the individual’s personal information; all of the information in the record is exempt under section 38(b). The presumption under section 14(3)(b) (investigation into violation of law) applies as do the factors in sections 14(2)(f) (highly sensitive) and (h) (supplied in confidence). The absurd result principle does not apply. The police properly exercised their discretion under section 38(b).
Legislation
  • MFIPPA
  • 14(1)(f)
  • 14(2)(f)
  • 14(2)(h)
  • 14(3)(b)
  • 2(1) personal information
  • 38(b)
Signed by  Bernard Morrow
Published  Feb 29, 2012
Type  Order
Orders and Reports Considered  MO-2321   PO-2285   MO-1378   M-757  
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