I explained that the individual was asked if they lived in the area, and if they were aware that it was illegal to dump the construction material in the dumpster. I also said the dumpster was for residents of the area, which he said he was not. And I also told the individual that I took a photo and would be submitting it to the By-Law department and he would be fined for performing the illegal dumping of the construction material. I gave him the opportunity to remove the items from the dumpster, but the individual declined the offer, and said I should clean up my back lane. The individual said I should be happy that he was at least cleaning up.
So, I sent the information to 311. They in turn forwarded it to the By-Law department for investigation. A week later the By-Law department said they could not proceed further, as they did not have access to the MPI database to get the information on the owner of the vehicle. They said it was because of the Privacy Act.
Now today I happened to be reading through the Privacy Act, or rather, the Freedom of Information and Protection of Privacy Act. In it, I noticed a section that would allow information to be provided if it was needed for law enforcement.
Division 3As far as I can see 17(2) (b) should give the By-Law people the right to request this needed information. There should be no reason that the By-Law department is not allowed to gain access to information from the Manitoba Public Insurance, when requested, if they are requesting the information to "prosecute the violation or continue the investigation".
Mandatory Exceptions To Disclosure
Privacy of a Third party
Disclosure harmful to a third party's privacy
17(1) The head of a public body shall refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party's privacy.
Disclosures deemed to be an unreasonable invasion of privacy
17(2) A disclosure of personal information about a third party is deemed to be an unreasonable invasion of the third party's privacy if
(a) the personal information is personal health information;
(b) the personal information was compiled and is identifiable as part of an investigation into a possible violation of a law, except to the extent that disclosure is necessary to prosecute the violation or continue the investigation;
Or am I missing something?