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Difference between revisions of "Privacy or Access to Information for Public Complaints (5:IV)"
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Privacy or Access to Information for Public Complaints (5:IV) (view source)
Revision as of 19:23, 16 August 2021
, 19:23, 16 August 2021→Step One: Requesting Disclosure or Correction
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==== Step One: Requesting Disclosure or Correction ==== | ==== Step One: Requesting Disclosure or Correction ==== | ||
An individual can send a letter to a public body asking for disclosure of information pertaining to that individual or for a correction of information. If the request is for access to information, the head of the public body then has 30 days to respond (this time limit can be extended under section 7(1)). Section 8(1) requires that any response must either (a) to (b) inform the individual of where, when, and how the record will be disclosed, or (c) detail the reasons the request was denied. | An individual can send a letter to a public body asking for disclosure of information pertaining to that individual or for a correction of information. If the request is for access to information, the head of the public body then has 30 days to respond (this time limit can be extended under section 10) (s 7(1)). Section 8(1) requires that any response must either (a) to (b) inform the individual of where, when, and how the record will be disclosed, or (c) detail the reasons the request was denied. | ||
If the request is for a correction of information held by the public body, the head of the public body must either correct the record (s 29(1)), or annotate the information with the correction that was requested (s 29(2)). The head of the public body must next notify all other parties to whom the information in question has been disclosed within the past year (s 29(3)). | If the request is for a correction of information held by the public body, the head of the public body must either correct the record (s 29(1)), or annotate the information with the correction that was requested (s 29(2)). The head of the public body must next notify all other parties to whom the information in question has been disclosed within the past year (s 29(3)). | ||
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'''NOTE:''' The public body to which a request is made may charge to provide a copy of the record and its shipping and handling, and for the time spent locating the record and preparing it for disclosure (''FIPPA'' s 75(1)). They cannot charge, however, for the first 3 hours spent locating and retrieving a record and time spent severing information (s 75(2)). Likewise, these fees do not apply to a request for the applicant’s own personal information (s 75(3)). If a request for payment is made, send a letter explaining that the fee should be waived because (1) you cannot afford payment (s 75(5)(a)); (2) it is fair to excuse payment (s 75(5)(a)), or; (3) the record relates to a matter of public interest (e.g., the environment, public health and safety, etc.) (s 75(5)(b)). | '''NOTE:''' The public body to which a request is made may charge to provide a copy of the record and its shipping and handling, and for the time spent locating the record and preparing it for disclosure (''FIPPA'' s 75(1)). They cannot charge, however, for the first 3 hours spent locating and retrieving a record and time spent severing information (s 75(2)). Likewise, these fees do not apply to a request for the applicant’s own personal information (s 75(3)). If a request for payment is made, send a letter explaining that the fee should be waived because (1) you cannot afford payment (s 75(5)(a)); (2) it is fair to excuse payment (s 75(5)(a)), or; (3) the record relates to a matter of public interest (e.g., the environment, public health and safety, etc.) (s 75(5)(b)). | ||
==== Step Two: Filing a Complaint with the Information and Privacy Commissioner ==== | ==== Step Two: Filing a Complaint with the Information and Privacy Commissioner ==== | ||
