Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 82 Subsection 34(1)(b) 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: … (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). Subsection 34(1)(b) of FOIP requires that where a government institution intends to disclose personal information that relates to a third party individual (someone other than the applicant) under subsection 29(2)(o) of FOIP, the third party individual must be informed if they can reasonably be located. Subsection 29(2)(o) of FOIP provides as follows: 29(2) Subject to any other Act or regulation, personal information in the possession or under the control of a government institution may be disclosed: … (o) for any purpose where, in the opinion of the head: (i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure; or (ii) disclosure would clearly benefit the individual to whom the information relates; The following steps can be taken for subsection 34(1)(b) of FOIP: 1. Is the information third party personal information Determine if the information at issue constitutes third party (someone other than the applicant) “personal information” as defined by subsection 24(1) of FOIP. For assistance with subsection 24(1) of FOIP, see Chapter 6: Protection of Privacy for the interpretation of and tests to apply for subsection 24(1) of FOIP.
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