What can be withheld regarding internal investigation of staff misconduct? Who has a right of access to this information?
Generally, information about such an investigation consists mainly of personal information about the parties involved and would be available to the individuals themselves. However, an individual’s right to access their own information must be balanced against the possibility of harm to another person’s health and safety and harm to investigative techniques. Section 20(1) provides for a discretionary exception to disclosure where the disclosure could harm a law enforcement matter; harm the effectiveness of investigative techniques; reveal the identity of a confidential information source; interfere with or harm an ongoing or unsolved law enforcement investigation; or deprive a person of the right to a fair trial or impartial adjudication. All records need to be carefully examined against the provisions of Section 17. Section 17(4)(b) presumes a disclosure of personal information to be an unreasonable invasion of personal privacy if the personal information is an identifiable part of a l
Related Questions
- What can be withheld regarding internal investigations of staff misconduct? Who has a right of access to this information?
- Are allegations of staff misconduct disclosed? To whom is the subject of an investigation into staff misconduct disclosed?
- Can my internal IT staff conduct an investigation and extract electronic evidence?
