The appellant submitted a request under the Act to the town for emails relating to a recreational facility. The town withheld the emails of councillors on the basis that it does not have custody or control of them under section 4(1). The adjudicator finds that three emails are within the town’s custody and control and orders the town to issue an access decision related to these emails. The adjudicator upholds the town’s decision that the remaining emails withheld under section 4(1) are not in its custody or control.
The town also located other emails exchanged between staff and residents. The town granted the appellant partial disclosure to these emails claiming that disclosure would constitute an unjustified invasion of personal privacy under section 14(1). The adjudicator also finds that the personal privacy provision applies to the majority of the emails and upholds the town’s decision to not to disclose them to the appellant under section 14(1). The adjudicator reserves her finding on the application of section 14(1) to three emails, pending notification of the individuals who might be affected by their disclosure.