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MO-2699

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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