The Hamilton Police Service (the police) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for records relating to an incident involving the requester. The police conducted a search for responsive records and issued an access decision. The requester challenges the adequacy of that access decision in this appeal, as well as the police’s proposed method of access. In addition, he seeks access to the information withheld by the police in the responsive police reports and officers’ notes, and 911 calls. He also raised the issue of reasonable search. In this order, the adjudicator upholds the adequacy of the police’s access decision and finds that their proposed method of access is consistent with the Act. She also upholds the police’s decision to withhold police codes, under the discretionary exemption at section 38(a) (discretion to withhold requester’s own personal information), read with section 8(1)(l) (facilitate commission of an unlawful act). She finds that the personal information withheld in the records is exempt under the discretionary exemption at section 38(b) (personal privacy). She also upholds the reasonableness of the police’s search. As a result, the appeal is dismissed.
MO-4439
Collection
Access to Information Orders
Date
File Numbers
MA18-00723
Adjudicators
Marian Sami
Decision Type
Order
Applicable Legislation
MFIPPA - 2(1) personal information
MFIPPA - 8(1)(l)
MFIPPA - 14(3)(b)
MFIPPA - 17
MFIPPA - 19
MFIPPA - 23
MFIPPA - 38(a)
MFIPPA - 38(b)
MFIPPA - Regulation 823 s. 2