Divisional Court Says Homeowner Privacy Concern Required Notice to Homeowners

On May 12th, the Divisional Court issued a brief judgment by which it sent an FOI matter back to the Information and Privacy Commissioner/Ontario for a re-hearing after notice is given to affected parties.

The records at issue contain toxicity test results that are associated with “homeowner’s addresses or location information.” The Court held that this information is arguably the personal information of homeowners, who should have been given notice of hearing by the IPC as a matter of procedural fairness, in particular given the information was collected by the Ministry of the Environment based on an assurance of confidentiality.

Northstar Aerospace v. Ontario (Information and Privacy Commissioner), 2011 ONSC 2956 (CanLII).

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