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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 23:18, 29 November 2022
, 23:18, 29 November 2022→3. Access to Information Act
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The Information Commissioner investigates complaints in private, and each party has the right to make representations. Similar to an Ombudsperson, the Commissioner can only make recommendations, and cannot directly compel the release of information. However, they can take the institution to Federal Court to compel the release of the information. The Commissioner is not obligated to take on a case, and if they refuse to do so, there is no right to appeal this refusal. | The Information Commissioner investigates complaints in private, and each party has the right to make representations. Similar to an Ombudsperson, the Commissioner can only make recommendations, and cannot directly compel the release of information. However, they can take the institution to Federal Court to compel the release of the information. The Commissioner is not obligated to take on a case, and if they refuse to do so, there is no right to appeal this refusal. | ||
:NOTE: It is helpful to check to see if the organization you are requesting information about has a form of its own. It would cut down on time for the form to go directly to the organization. | :'''NOTE:''' It is helpful to check to see if the organization you are requesting information about has a form of its own. It would cut down on time for the form to go directly to the organization. | ||
There is, however, a right to appeal the original denial of access; this appeal must be made to the Federal Court within '''30 days''' of the decision of the Information Commissioner (s 41(1)). In court, the burden of proof is on the government to show that the information must be withheld. | |||
== E. Federal Personal Information Protection and Electronic Documents Act == | == E. Federal Personal Information Protection and Electronic Documents Act == | ||