Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 84 b. Yes, it is third party personal information… If the information is found to constitute the personal information of a third party individual (someone other than the applicant), the government institution can consider whether to disclose it pursuant to subsection 29(2)(o) of FOIP. Make sure to identify all potential third parties. If the records engage the interests of multiple third parties, the most practical method of working with the time limits is to ensure that all third parties have been identified before beginning the notification process, then to send out all the notices at the same time.194 Subsection 29(2)(o) of FOIP permits disclosure of personal information without the consent of the individual where the government institution has determined it is in the public interest to do so and the public interest outweighs any invasion of the individual’s privacy or where the government institution has determined that disclosure of the information would benefit the individual whom the information relates. For assistance with subsection 29(2)(o) of FOIP, see Chapter 6: Protection of Privacy for the interpretation of and tests to apply for subsection 29(2)(o) of FOIP. If subsection 29(2)(o) of FOIP applies and the government institution intends to disclose the personal information, notice to the individual is required • Consider whether obtaining written consent from the individual is possible for the release of the information. With the written consent of the individual, personal information can be released without the need for reliance on subsection 29(2)(o) of FOIP. It also reduces the likelihood of a review by the Commissioner. A request for consent could be included when drafting the notice to the individual. See subsection 34(2) below for more information on what to include in the notice. The individual may consent to release of the personal information, or they may wish to make representations to the government institution pursuant to section 36 of FOIP on why the personal information should be withheld. See below for more on section 36. 194 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 216.
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