The Public Interest Override

“Exemptions Not To Apply” Both the Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom Of Information and Protection of Privacy Act (MFIPPA) contain a special provision referred to as the “public interest override”. Appearing in FIPPA s. 23 and MFIPPA s. 16, this language of this provision is essentially theContinue reading “The Public Interest Override”

Filing an FOI request is not defamation

“The overarching purpose of access to information legislation, then, is to facilitate democracy. It does so in two related ways. It helps to ensure first, that citizens have the information required to participate meaningfully in the democratic process, and secondly, that politicians and bureaucrats remain accountable to the citizenry .” Dagg v Canada (Minister ofContinue reading “Filing an FOI request is not defamation”

The Affected Person Process

The affected person process is one of the most important and visible ways that FIPPA and MFIPPA balance the public’s right of access against the rights of individuals and organizations to prevent the disclosure of their personal and confidential information.  Other names for the process include the “notice to affected person” process, “third party notice” process, the “affected third party” process, and the “affected third person” process.

An introduction to Freedom Of Information

Up to this point I’ve written many articles on the “finer points” of responding to Freedom Of Information (FOI) requests.  But today I would like to present an article addressed to all of those people who are just starting out as an FOI professional – who might appreciate