Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 81 circumstances.188 fIf the individual cannot reasonably be located; the government institution may dispense with giving notice pursuant to subsection 34(4) of FOIP. See below for more information on subsection 34(4) of FOIP. A government institution is expected to use only its own records and publicly available resources to locate an address for a third party.189 If there is any doubt as to the third party’s contact information, the government institution may need to adapt its notification process to ensure there is no breach of privacy or confidentiality during the notification process.190 Government institutions should choose a delivery method that is expeditious and convenient for the third party, but which is also efficient and cost effective for the government institution. Regular mail is not recommended. Government institutions should consider sending notice and a copy of the third party information at issue via courier or priority post. Prompt delivery will allow the third party as much time as possible to respond. If sending notice and records by fax or email, care should be taken to prevent unauthorized disclosure of third party personal information.191 Government institutions should let the applicant know that third party notification is required pursuant to section 34 of FOIP. The letter to the applicant should advise them of the timelines involved. For a sample model letter see the Ministry of Justice, Access and Privacy Branch’s sample titled, 12 Advising Applicant of Third Party Notification – Response Records May Contain Third Party Information. If withholding the third party information, no notice is required 188 See SK IPC resource, Guide to FOIP, Chapter 3: Access to Records under heading “Search for Records” – definition for a “reasonable search” has been relied upon and modified for what is considered reasonable effort for locating a third party. A “reasonable search” was defined in SK OIPC Review Reports F-2008-001 at [38] and F-2012-002 at [26]. 189 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at pp. 214 to 215. 190 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 215. 191 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 217.
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