Guide to FOIP Chapter-5

Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 55 Subsection 19(2) Third party information 19(2) A head may give access to a record that contains information described in subsection (1) with the written consent of the third party to whom the information relates. Subsection 19(2) of FOIP provides that the government institution may give access to a record that contains third party information if the third party consents in writing to disclosure. The provision is intended to prevent situations where the government institution would be under an obligation to withhold a record when the third party agreed to disclosure.127 If the government institution determines that the information qualifies as third party information, it should make a reasonable effort to seek the consent of the third party to disclose the requested information.128 IPC Findings In Review Report 133-2020, the Commissioner considered subsection 19(1)(b) of FOIP. The Ministry of Highways and Infrastructure (Highways) withheld third party information from the applicant pursuant to this provision. The third party had indicated to Highways that it objected to the release of the information. However, upon review, the third party indicted to the Commissioner that it had “reviewed the records and [did] not object to the release of the records.” The Commissioner cited section 19(2) of FOIP, and recommended Highways release specific records related to that third party. 127 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.10. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed November 19, 2019. 128 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.10. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed September 4, 2019.

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