Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 76 Section 34: Notice to third party Notice to third party 34(1) Where a head intends to give access to a record that the head has reason to believe may contain: (a) information described in subsection 19(1) that affects the interest of a third party; or (b) personal information that may be disclosed pursuant to clause 29(2)(o) and that relates to a third party; and in the opinion of the head, the third party can reasonably be located, the head shall give written notice to the third party in accordance with subsection (2). (2) The notice mentioned in subsection (1): (a) is to include: (i) a statement that: (A) an application for access to a record described in subsection (1) has been made; and (B) the head intends to give access to the record or to part of it; (ii) a description of the record that the head has reason to believe may contain: (A) information described in subsection 19(1) that affects the interest of the third party; or (B) personal information that may be disclosed pursuant to clause 29(2)(o) and that relates to the third party; and (iii) a statement that the third party may, within 20 days after the notice is given, make representations to the head as to why access to the record or part of the record should not be given; and (b) subject to subsection (3), is to be given within 30 days after the application is made. (3) Section 12 applies, with any necessary modification, to the extension of the period set out in clause (2)(b). (4) Where, in the opinion of the head, it is not reasonable to provide a notice to a third party pursuant to subsection (1), the head may dispense with the giving of notice. When reviewing a responsive record, government institutions may encounter information that appears to be about a third party. This includes third party information as described in
RkJQdWJsaXNoZXIy MTgwMjYzOA==