Application To Disregard An Access To Information Request Or Request For Correction.pdf

## Application to Disregard Access to Information Requests or Correction Requests: A Guide for Public Bodies and Applicants (Summary)

This guide outlines the process for public bodies and applicants regarding applications to disregard requests made under The Freedom of Information and Protection of Privacy Act (FOIP) and The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP).

Key Points:

- Amendments: In 2017, amendments allowed public bodies to apply to the Information and Privacy Commissioner (Commissioner) to disregard access to information requests or correction requests deemed unreasonable, abusive, frivolous, or vexatious.

- Scope: Applications to disregard only apply to access to information requests and requests for correction, not privacy breach complaints.

Who is Involved?

- Public Body: A government institution or local authority responsible for handling FOIP/LA FOIP requests.
- Applicant: An individual who made an access to information request or correction request.
- Commissioner: The independent officer tasked with overseeing compliance with FOIP and LA FOIP.

Application Process:

1. Grounds for Disregard: A public body must believe the request:
- Interferes unreasonably with its operations due to repetitiveness or systemality.
- Amounts to an abuse of the right of access or correction due to repetitiveness or systemality.
- Is frivolous, vexatious, not in good faith, or concerns a trivial matter.

2. Timeline: Public bodies must submit their application within 30 days of receiving the request (or 32(2) days for requests under LA FOIP). This stops the response clock temporarily while the Commissioner considers the application.

3. Submission: The application must be in writing, include supporting facts and evidence, and be provided to both the applicant and the Commissioner.

4. Commissioner's Decision:

- Grant: If approved, the request is disregarded (treated as never made).
- Refuse: If denied, the public body has 20 days to respond to the original request. There is no appeal process for applicants.

Why a Separate IPC Procedure?

- Delays potential access while the application is considered. The IPC aims to complete applications within 30 calendar days.
- No right of appeal for applicants; the request is deemed never made if granted.