MO-4555-F

This final order follows Interim Order MO-4473-I, in which the adjudicator required the police to issue a new access decision in response to the appellant’s request for a statement made by a third party who was later charged and convicted of assaulting the appellant. The police initially denied the request because they erroneously believed the Act prohibited them from disclosing the third party’s personal information to her. In response to the interim order, the police reconsidered the appellant’s access request, this time recognizing that the statement contains the personal information of the appellant as well as that of the third party. In their revised decision, the police rely on the personal privacy exemption at section 38(b) of the Act, which permits an institution to withhold a record that contains the personal information of both the requester and another party. In this final order, the adjudicator upholds the police’s decision to withhold the statement in full under section 38(b). She dismisses the appeal.