Guide to FOIP Chapter-5

Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 86 circumstances where this type of information can be withheld (see subsection 31(2) of FOIP). For assistance with section 31, see Chapter 3: Access to Records. Subsection 34(2) Notice to third party 34(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. Subsection 34(2) of FOIP provides that the notice provided to third parties must contain specific elements and the timeline that the notice must be provided by. This is broken down further below. Subsection 34(2)(a) Notice to third party 34(2) The notice mentioned in subsection (1): (a) is to include:

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