WM, OF CITY CLERK'S DEPARTMENT VANCOUVER Information, Administration and Election Services File No. 04-1000-20-2011-021 May 16, 2011 Daniel Fontaine Dear Mr. Fontaine: Re: — Request for Access to Records under the Freedom of Information & Protection of Privacy Act (the “Act”) We are responding to your emailed request of January 27, 2011 seeking a copy of any photos of 2862 Pandora Street, from the City’s records. Four Community Services Group - Property Use Inspection reports include photos. These photos are being withheld on the basis that they fall outside the scope of the Act. Specifically, section 3(1)(h) of the Act states: This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following: (h)_arecord relating to a prosecution if all proceedings in respect of the prosecution have not been completed; Further, even if the records were to fall within the scope of the Act, their release would be ‘deemed an unreasonable invasion of third party personal privacy. Specifically, section 22(1) directs: The head of a public body must refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party’s personal privacy. 3) Adiisclosure of personal information is presumed to be an unreasonable invasion of a third party's personal privacy if (b) the personal information was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation, ‘City Hall 453 West 12th Avenue Vancouver BC VSY 1V4 vancouver.ca City Clerk's Department tel: 604.873.7276 fax: 604.873.7419Under section 52 of the Act you may ask the Information & Privacy Commissioner to review any matter related to the City’s response to your request. The Act allows you 30 business days from the date you receive this notice to request a review by writing to: Office of the Information & Privacy Commissioner, P.O. Box 9038, Stn. Prov. Govt. Victoria, B.C. VEW 9A4 Tel. 250-387-5629; Fax 250-387-1696 If you request a review, please provide the Commissioner’s office with the following: 1) the file number assigned to your request (as above); 2) a copy of this letter; 3) a copy of your original request for information sent to the City of Vancouver; and 4) detailed reasons or grounds upon which you are seeking a review. If you have any questions, please feel free to contact us at your convenience. Yours truly, Deputy City Clerk Janice. mackenzieevancouver.ca 1453 W. 12" avenue, Vancouver, BC VSY 1¥4 Phone: 604.871.6146 Fax: 604.873.7419 :vh Page 2 of 2