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RE:    Compliance Complaint - Region of Peel, the Ministry of Natural Resources and the City of  Mississauga.

Dear Sir:                                                                                               Nov. 5 , 2003

     This a Compliance Complaint against the Region of Peel, the Ministry of Natural Resources (MNR) and the City of Mississauga.  It is in regards to their forwarding my FOI requests to the City of Mississauga improperly and that they identified me as the FOI requester.

     During the Green Party of Ontario Appeal MA-010302-1, regarding the City of Mississauga's denial of access to its records, the City made a submission that contained all or parts of three FOI requests made to other institutions.  Two from the Region of Peel and one from the Ministry of Natural Resources.

 The following are the issues as I see them;

1).       On page one of the City's submission dated Nov. 1 2001, Joan
            LeFeuvre (the City's FOI Co-ordinator & author of the letter), states
            "Although the personal information was severed, I am extremely
            familiar with the wording, spelling, format, etc. of requests by {name
            blocked out}, a frequent City of Mississauga requester."  Wording, I
            use name the community uses when referring to the forest in
            question, the Cawthra Bush.  The Region of Peel supplied my whole
            letter with only parts blocked out and the MNR that is almost word for
            word the FOI request submitted.  The Region of Peel and the Ministry
            of Natural Resources sent the City records, that the City used to
            identify me as an FOI requester.  As the Region of Peel forwarded my
            actual FOI request it included samples of my hand writing.  Joan
            LeFeuvre has clearly confessed that she received more then enough
            to identify me by way of these/my records.

2).       The FOI requests were improperly forwarded to the City.  As the
            actual FOI request was not being transferred to the City and as it was
            a FOI request for only what records were in the Region of Peel and
            the Ministry of Natural Resources own files, there was no proper
            reason to inform the City that someone was making FOI requests
            about a certain City forest.

3).       That the improper forwarding of the FOI request was used in a legal
            process against the Green Party.  It would generally be used the City
            to create a basis or prejudice against me and grass roots groups, I
            lead (the Friends of the Cawthra Bush & Greater Mississauga Area
            (FCB) and the Cawthra Ratepayers' and Residents' Association
            (CRRA) ), or any that support our efforts.

4).       I was not informed of this sharing of my records nor was I asked for
            permission to do so.  The IPC should demand all records (of why this
            particular sharing took place & why), guideline or policies that the
            Region of Peel and the Ministry of Natural Resources used to justify
            this sharing of FOI records.
- 1 -                                                                     - 2 -

5).       That Joan LeFeuvre did not need the records forwarded to her which
            identified me, to do her job.  Unless, government institutions in
            Ontario have some secret agreement to notify each other of FOI
            requests so they will not be surprised if their politicians or staff are
            questioned about something.  Like what has been discovered
            regarding "contentious issues management"
            or Big Bother is Watching!

6).       The IPC should require the City of Mississauga to fully explain why it
            is collecting other institutions FOI requests that are not being
            transferred to it or require the City to respond to them.  Also, at issue
            that it would be a personal data bank as Joan LeFeuvre has attached
            my name to these FOI requests.  This appears to be another example
            of the City unlawfully collecting personal records or creating a
            personal information bank for uses that are likely political in nature.

7).       That the Region of Peel and the Ministry of Natural Resources violate
            parts of Practices No. 16 - Employees' obligations.  Confidentiality &
            proper storage.

"Recommended Procedures - Ensure employee awareness

Institutions should implement policies and procedures to ensure that all employees responding to access requests or privacy complaints are aware of their responsibility to protect the confidentiality of the individual.  "Employees" may include the Coordinator, staff in the Coordinator's office or anyone else who assists in responding to a request or complaint (e.g., those who retrieve the records or make decisions about access)."
...

"Ensure physical security

Access request and complaint files should be stored in a locked drawer or filing cabinet, or other manner which adequately limits access.  Similarly,where these files are stored electronically, computer access to these files should be limited to those who need the information to perform their duties."

     I am willing to discuss my letter with you, in case the wording seems a little ambiguous or you want a request explained.  My phone number is (***) ***-**** & e-mail *************.  Web-site - home.eol.ca/~donbar  There is an answering machine you can leave private messages on.  As long as you are talking the machine will record.  If someone answers the phone before the machine can come on, please ask them to hang up and let the next call ring through.  I would appreciate your co-operation in using the answering machine, rather than leaving messages with anyone else answering the telephone.

Please find enclosed:

1).   A copy of one page from the City's submission dated Nov. 1 2001, by Joan LeFeuvre, in Appeal MA-010302-1.

2).   A copy of Attachment #1, 4 pages, from the City's submission to Appeal MA-010302-1, dated  Nov. 1 2001.

Sincerely, Mr. Donald Barber

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