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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 19:28, 16 August 2021
, 19:28, 16 August 2021→Step Two: Filing a Complaint with the Information and Privacy Commissioner
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==== Step Two: Filing a Complaint with the Information and Privacy Commissioner ==== | ==== Step Two: Filing a Complaint with the Information and Privacy Commissioner ==== | ||
If the public body refuses to disclose the information or make the requested correction, the next step is to file a complaint with the Information and Privacy Commissioner. Under section 42, the Commissioner oversees the administration of the Act. An individual can ask the Commissioner to review any decision pertaining to access or correction within 30 days of notification of the decision (s 53(2)(a)) (although section 53(2)(b) allows the Commissioner to extend this limitation period). Please refer to the ''FIPPA'' and its regulations for a detailed description of the review process. | If the public body refuses to disclose the information or make the requested correction, the next step is to file a complaint with the Information and Privacy Commissioner. Under section 42, the Commissioner oversees the administration of the ''Act''. An individual can ask the Commissioner to review any decision pertaining to access or correction within 30 days of notification of the decision (s 53(2)(a)) (although section 53(2)(b) allows the Commissioner to extend this limitation period). Please refer to the ''FIPPA'' and its regulations for a detailed description of the review process. | ||
The Commissioner has significant power to enforce a judgment (much more so than the equivalent federal official). Generally, the burden is on the public body to justify its refusal to disclose information (although there are notable exceptions pertaining to third-party interests (see s 57). The head of a public body must comply with an order of the Commissioner unless an application for judicial review is brought within 30 days (s 59). A person other than the head of a public body who is dissatisfied with a decision of the Commissioner may seek judicial review pursuant to the ''Judicial Review Procedure Act''. | The Commissioner has significant power to enforce a judgment (much more so than the equivalent federal official). Generally, the burden is on the public body to justify its refusal to disclose information (although there are notable exceptions pertaining to third-party interests (see s 57). The head of a public body must comply with an order of the Commissioner unless an application for judicial review is brought within 30 days (s 59). A person other than the head of a public body who is dissatisfied with a decision of the Commissioner may seek judicial review pursuant to the ''Judicial Review Procedure Act''. | ||