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Delta Police Department

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The applicant requested his personal information from records contained in a Delta Police Department (“DPD”) motor vehicle collision investigation (“collision investigation”) file and two DPD files about police officer behaviour related to the collision investigation. The DPD withheld some of the collision investigation records on the basis that disclosure would be an unreasonable invasion of the privacy of third parties under s. 22 of FIPPA. The DPD withheld almost all of the behaviour records on the basis they were outside the scope of FIPPA due to ss. 66.1 and/or 182 of the Police Act. The adjudicator determined that a withheld record arising from the applicant’s complaint about DPD officer behaviour was outside the scope of FIPPA because the record arose out of and was created after an internal discipline complaint under Part 9 of the Police Act. For the records related to a complaint about the applicant, some information on one page is outside the scope of FIPPA under s. 182 of the Police Act. The DPD must process under FIPPA the remaining information withheld as outside the scope of FIPPA because it does not disclose or relate to a Police Act complaint or investigation or was created before a Police Act investigation began. The adjudicator also determined that s. 22 did not apply to the applicant’s personal information withheld under that provision.

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