CYFSA DECISION 11

Collection
Child, Youth, and Family Information and Privacy
Date
File Numbers
FA20-00009
Adjudicators
Jennifer James
Decision Type
Decision
Applicable Legislation
CYFSA - 312(1)(d)(iii)
PHIPA - 52(1)(e)(i)

The complainant sought access under Part X of the Child, Youth and Family Services Act, 2017 (the Act) for her entire file with the Family and Children’s Services Niagara (the service provider). The complainant was granted access, in part, but was denied access to information the service provider says relates to other individuals pursuant to the exemption at section 312(1)(d)(iii) of the Act (identification of an individual who provided information explicitly or implicitly in confidence). The complainant filed a complaint with the Information and Privacy Commissioner of Ontario (IPC), asking the IPC to review the service provider’s access decision.

In this decision, the adjudicator upholds the service provider’s decision in part. She upholds its decision to withhold information in records contained in the complainant’s protection file, which includes records pertaining to the complainant’s family. However, the adjudicator orders the service provider to grant greater access to records contained in the complainant’s care file. She finds these latter records are dedicated primarily to the provision of a service to the complainant, and that the claimed exemption does not apply to some of the withheld information.