Difference between revisions of "Privacy or Access to Information for Public Complaints (5:IV)"

'''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)).

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.