When your organization receives a request for information, do you have an obligation under Freedom of Information (FOI) laws to answer the inquiry?
To know whether your organization has to respond to a request for information, there are two questions that need to be answered. The first question is whether your organization has a legal duty to respond to FOI requests in general. The second question is whether the request you have received is a valid FOI request, or if it is merely an informal request which does not invoke the official FOI process.
In other words, to decide whether your organization has an obligation under FOI laws to respond to a specific request for information, you need to determine:
- Is there legislation that compels your organization to respond to FOI requests?
- Does the request itself meet the requirements set out by the applicable legislation?
The recommended articles below will help you determine whether your organization has a legal obligation to respond to FOI requests, and whether an incoming request for information meets the requirements of a valid FOI request.
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