Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 28 Section 44: Report of Commissioner Report of commissioner 44(1) On completing a review or investigation, the commissioner may prepare a written report setting out the commissioner’s recommendations with respect to the matter and the reasons for those recommendations. (2) If a report is prepared pursuant to subsection (1), the commissioner shall forward a copy of the report to the head and, if the matter was referred to the commissioner by: (a) an applicant or individual, to the applicant or individual and to any third party notified by the head pursuant to section 41; and (b) a third party, to the third party and to the applicant. (3) In the report mentioned in subsection (1), the commissioner may make any recommendations with respect to the matter under review or investigation that the commissioner considers appropriate. Upon completion of a review or an investigation, the Commissioner may issue a report. The report will include the Commissioner’s findings and recommendations. If the Commissioner completes a report, it is provided to each party to the review or investigation prior to the report becoming publicly available via posting to the Commissioner’s website. All reports are generally posted to the Commissioner’s website seven days after the report is provided to the parties. Reports may be posted to the website sooner where the Commissioner considers it appropriate. For example, where media coverage is going to occur before the report is generally made available to the public on the website. There are also limited circumstances where the Commissioner will not post a report to the website. For example, where the matters are extremely sensitive, an individual may be identified, or where the circumstances of a case require additional measures be taken to protect individuals. Local authorities are required, pursuant to section 45 of LA FOIP, to respond to a report of the Commissioner within 30 days indicating whether it will comply with the Commissioner’s recommendations or any other decision the head considers appropriate. The head’s response should be provided to the other parties to the review or investigation and to the Commissioner. The response should be in writing.
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