Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 78 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 … 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). Subsection 34(1)(a) of FOIP requires that where a government institution intends to release information that might constitute third party information pursuant to subsection 19(1) of FOIP, the third party must be informed if the third party can reasonably be located. It is important to note that if the government institution does not intend to release the third party information, no notice is required to the third party. If the government institution intends to withhold, then it is inappropriate practice to give third party notice as it causes unnecessary delay in the process. The following steps can be taken for subsection 34(1)(a) of FOIP: 1. Is the information third party information Determine if the information at issue constitutes third party information pursuant to subsection 19(1) of FOIP. For assistance with section 19, see Chapter 4: Exemptions from the Right of Access for more information on the interpretation and tests to apply for subsections 19(1)(a), (b), (c), (d), (e), and (f) of FOIP. a. No, it is not third party information… Where the head of the institution concludes that the information at issue does not fit the circumstances in subsection 19(1) of FOIP, notice to a third party is not required and the information can be released or considered for exemption under another provision of FOIP. A third party would not have a right to apply to the Commissioner for review under subsection
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