Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 88 contains personal information of other third parties, the government institution risks the unintentional and unauthorized disclosure of that personal information.198 4. A statement that the third party may, within 20 days, make representations (arguments) to the government institution as to why access to the information should not be given (s 34(2)(a)(iii) of FOIP. This tells the third party what it can do if it does not agree with the government institution’s intentions. 5. The government institution should include a sentence requesting the third party advise it if it consents to the release of the information or personal information. If the third party does decide to consent to release, this saves the government institution from waiting for 20 days to see if representations arrive. NOTE: this is not required by subsection 34(2) of FOIP. However, it is efficient and a good practice to cover subsections 19(2) (third party information) and 29(1) (personal information) of FOIP. For a sample model letter199 see the Ministry of Justice, Access and Privacy Branch’s sample titled, 14 Notification under Section 34 to Third Party Regarding Section 19 [ss 19(3)] – Records Contain Third Party Information. For release of personal information pursuant to subsection 29(2)(o) of FOIP, see the Ministry of Justice, Access and Privacy Branch’s sample letter titled, 15 Notification under Section 34 to Third Party Regarding Disclosure of Personal Information under Clause 29(2)(o). The identity of the applicant should never be revealed to a third party.200 Subsection 34(2)(b) Notice to third party 34(2) The notice mentioned in subsection (1): … (b) subject to subsection (3), is to be given within 30 days after the application is made. 198 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 218. 199 For other samples of model letters by the Access and Privacy Branch, Ministry of Justice see publications. Saskatchewan.ca/#/categories/340. 200 Les Viandes du Breton Inc. v. Canada (Canadian Food Inspection Agency), 2006 FC 1075 (CanLII) at [13] and [19].
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