Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 87 (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 Where notice is required under subsection 34(1) of FOIP, the notice should be in writing and contain the elements outlined at subsection 34(2)(a) of FOIP. This includes the following elements: 1. A statement advising the third party that an application for access has been made. This provides some context for a third party as to why it is receiving the notice (s. 34(2)(a)(i)(A)). 2. A statement advising the third party that the government institution intends to give access to the information (s. 34(2)(a)(i)(B)). This tells the third party what the government institution’s intentions are. 3. A description of the record containing the third party information (s. 34(2)(a)(ii)(A) or the third party personal information (s. 34(2)(a)(ii)(B)). This tells the third party what information pertains to them. Although FOIP requires a description of the record, the IPC recommends the government institution provide a copy of the records containing the third party information. This is considered best practice and would make it easier for a third party to understand what information is at issue and what decision it should make in terms of consent to release. If a record that is the subject of a third party notice contains personal information of other third parties, it may be best to simply describe the record in the notice. If a government institution sends a third party a record that
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