MC990048

INTRODUCTION: Background of the Complaint Letter #1 A resident of the Township of Springwater (the Township) filed an objection with the Township Clerk concerning certain proposed development activity under consideration by the Township. The Clerk referred the objection to the Township's Chief Administrative Officer, who in turn raised the matter with a planner employed by the developer (the developer's planner). After receiving a response from the developer's planner, the matter was discussed at a closed session of the Township Council and referred to the Township's Solicitor and outside planning consultant (the outside planning consultant) for further action. Letter #2 The resident filed a second objection with the Township concerning a re-zoning application under consideration by the Township. The Township Council referred this matter to the Snow Valley Working Group (the Working Group), an organization whose membership included the developer's planner who is the subject of letter #1. The resident (now the complainant) sent a letter of complaint to this Office, alleging that the Township had improperly disclosed his personal information to the developer's planner and to the outside planning consultant (letter #1) and to the Working Group (letter #2), contrary to the provisions of the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The complainant's letter also identified three other matters which, as explained by the mediator, fall outside the scope of this investigation. Issues Arising from the Investigation The following issues were identified as arising from the investigation: (A) Was the information in question "personal information"as defined in section 2(1) of the Act ? (B) Did the Township disclose personal information relating to letter #1 and, if so, was this disclosure in accordance with section 32 of the Act ? (C) Did the Township disclose personal information relating to letter #2 and, if so, was this disclosure in accordance with section 32 of the Act ? RESULTS OF THE INVESTIGATION: Issue A: Was the information in question "personal information" as defined in section 2(1) of the Act ? Section 2(1) of the Act states, in part: "personal information" means recorded information about an identifiable individual, including, (e) the personal opinions or views of the individual except if they relate to another individual, (f) correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence, The two letters of objection submitted to the Township by the complainant contain his name, address, telephone and fax number, as well as his views and opinions regarding development issues under consideration by the Township. As such, I find that the information contained in the two letters falls within the scope of paragraph (e), and therefore qualifies as the complainant's personal information. Conclusion : The information in question was personal information as defined in section 2(1) of the Act . Issue B: Did the Township disclose personal information relating to letter #1 and, if so, was this disclosure in accordance with section 32 of the Act ? The complainant maintains that letter #1 was disclosed to the developer's planner by the Township's Chief Administrative Officer, and subsequently to the outside planning consultant following consideration by the Township Council. The complainant does not indicate any objection to disclosure to the Township Solicitor. The Township denies that letter #1 was disclosed. It takes the position that the subject matter of the complainant's concerns was discussed with the developer's planner, but the actual letter was not disclosed. According to the Township, the complainant's identity was not revealed to the developer's planner during the course of these discussions. I have reviewed the summary of the content of the complainant's first objection that was prepared by the Township's Chief Administrative Officer and provided by him to the developer's planner, as well as the response provided by the developer's planner. This exchange of correspondence did not identify the complainant or disclose any of the complainant's personal information. There is nothing in the content of these letters to suggest that the developer's planner was aware of the identity of the complainant or any of his personal information. Although the complainant holds the view, based on actions taken by the developer and informal discussions with other individuals during the relevant time period, that his identity was disclosed by the Township, I am unable to conclude, based on information provided to me during the course of this investigation, that letter #1 was disclosed to the developer's planner. The explanation offered by the Township is reasonable and it would appear that the nature of the complainant's objection, but not his identity or other personal information, was disclosed to the developer's planner, as suggested by the Township. As far as the outside planning consultant is concerned, the Township acknowledges that letter #1 was provided to him, as directed by Township Council. This issue is whether or not this disclosure was in compliance with section 32 of the Act . Section 32 lists a number of permitted disclosures of personal information, including section 32(c) which states: An institution shall not disclose personal information in its custody or under its control except, <