Municipal Clerk: Emails are not classified as a PIB...(“Personal Information Bank”)

The IPC Adjudicator further stated in Order MO 4159 that you must identify which personal information banks you wish for the Township to search.”

     “Please reformulate your request and identify the records you are seeking, otherwise I will respond to the initial request as-is.”

If emails are NOT a PIB – then pursuant to Adjudicator V Jepson’s Feb 7, 2022 MO-4159 how can one identify an email PIB and make an FOI request for personal information emails?

Is MO-4159 adverse to MFIPPA S 37 (1) An individual seeking access to personal information about the individual shall… (b) identify the personal information bank or otherwise identify the location of the personal information..

Is MO-4159 adverse to Section 17: (2) If the request does not sufficiently describe the record sought, the institution shall inform the applicant of the defect and shall offer assistance in reformulating the request so as to comply with subsection (1)

Mr Premier, Speaker Ted Arnott, Minister Clark, Commissioner Kosseim, Registrar Swartz, Clerk Campeau :

How does order MO-4195 adopt a liberal interpretation of a request, in order to best serve the purpose and spirit of the Act?

Respectfully it does not – “It turns the Act on its head” – S34 mandates the municipality not the requester must identify, describe and provide PIB indexes. It is an OFFENCE not to.

Will the Premier, the Speaker, the Minister, the IPC or the Municipality consider its legislated obligations to ensure compliance with the Act?

Will you protect Ontario residents and visitors’ Charter Rights of Freedom Of Expression? Charter Rights of Protection of Privacy? Please speak up… please help, please respond.

Please advise of any clarification, error, concern or response.

NOTE: Numerous Privacy Complaints have been filed with the IPC in the past decade.

None have been investigated. Compliance and Privacy Complaints seem to be non issues.

Apr 23, 2020 Registrar Brocklehurst stated: “…Director of Compliance” no longer exists. 

Jan 15, 2021 Registrar Swartz referred to a 2016 Privacy Complaint noting “the IPC will not respond to further communications regarding these issues.”