MI17-3

Collection
Privacy Reports
Date
File Numbers
MI17-3
Adjudicators
Lucy Costa
Decision Type
Privacy Complaint Report
Applicable Legislation
MFIPPA - 2(1)
MFIPPA - 3
MFIPPA - 14(1)
MFIPPA - 21
MFIPPA - 32
MFIPPA - Regulation 823 s. 3

On May 25, 2016, the Office of the Information and Privacy Commissioner/Ontario received an appeal under the Municipal Freedom of Information and Protection of Privacy Act (the Act) in relation to an access decision issued by the Township of McGarry (the Township). During the processing of the appeal, the lawyer for the Township wrote to the affected parties in order to notify them of the access request and to obtain consent to disclose the information related to them that had been identified as responsive to the access request.
In correspondence to the affected parties, the Township’s lawyer disclosed the name of the individual who sought access to the requested information. This Report finds that the information disclosed was personal information and that the disclosure was not in accordance with section 32 of the Act.
This Report also finds that the Mayor is the “head” of the Township, and that the head has not complied with section 3(1) of Ontario Regulation 832. Specifically, the head has not ensured that the Township has defined, documented and put in place reasonable measures to prevent and respond to unauthorized use or disclosure of records containing or revealing the identity of a requester.