Office of the Information and Privacy Commissioner
Province of British Columbia
Order No. 59-1995
October 25, 1995
INQUIRY RE: A request by the media to the Vancouver School Board for
performance evaluations of the Vancouver School Board Superintendent
Fourth Floor
1675 Douglas Street
Victoria, B.C. V8V 1X4
Telephone: 604-387-5629
Facsimile: 604-387-1696
Web Site: http//www.cafe.net/gvc/foi
1. Description of the review
As Information and Privacy Commissioner, I conducted a written inquiry at the
Office of the Information and Privacy Commissioner (the Office) in Victoria on
Thursday, August 10, 1995 under section 56 of the Freedom of Information and
Protection of Privacy Act (the Act). This inquiry arose out of a request
for review submitted to this Office on May 17, 1995 by reporter Russ Francis of
the Kitsilano News (the applicant). On May 15, 1995 the applicant
requested from the Vancouver School Board (the public body) information held by
the public body concerning performance evaluations of the Superintendent of the
Vancouver School Board (the third party).
The public body, by way of letter May 17, 1995, denied access to the
information requested and took the position that the performance evaluations of
the third party were protected by the privacy protection provisions of the Act
and, in particular, sections 22(3)(d) and (g).
2. Documentation of the inquiry process
A Notice of Inquiry was issued to the parties to this inquiry July 7, 1995. A
Portfolio Officer's fact report (a concise statement of the essential facts of
the case) was provided to the parties with the Notice of Inquiry. The inquiry
process began July 28, 1995 and concluded August 10, 1995. The applicant did
not make a primary submission; this is a critical consideration to which I will
return later in this
order.
3. The records in dispute
The records in dispute consist of performance evaluations of the
Superintendent of the Vancouver School Board, who is the third party in this
inquiry.
4. Issue under review at the inquiry
The issue originally under review at this inquiry was whether the records in
dispute are protected from disclosure by section 22 of the Act.
5. Discussion
Under section 57(2) of the Act, the applicant bears the burden of proof to
establish that disclosure of the information sought would not be an
unreasonable invasion of the third party's personal privacy. The applicant was
informed of this fact in a Notice of Inquiry sent to him on July 7, 1995.
The initial submissions in this matter were due at my Office on July 28, 1995
and final reply submissions on August 10, 1995. As of August 10, 1995, I had
not received any submissions from the applicant. I did forward the initial
submission of the public body to him. However, as the applicant had the burden
of proof and did not file a submission, I decided under section 56(4)(b) of the
Act that he was not entitled to submit any material in response to the public
body's representations. I informed the applicant of that fact in writing on
August 10, 1995.
6.
Order
I find that the applicant in this case has failed to meet the burden of proof
imposed by section 57(2). I accordingly confirm the decision of the Vancouver
School Board to withhold the records requested by the applicant.
October 25, 1995
David H. Flaherty
Commissioner