Letter 8-2
RESPONSE TO ACCESS REQUEST - DENIAL OF PART OF REQUEST
[use this letter to advise applicant that part of the request will be denied]
File Number:
Date
Applicant’s name and address
Reference Number
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Freedom of Information and Protection of Privacy Act Request for Information
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Dear [applicant’s name]:
I am replying to your request of [date] for access to information.
[Option 1: Access Available]
I am pleased to inform you that access is available to [specify records].
[Option 1.1: Copy enclosed]
A copy of the record is enclosed.
[Option 1.2: Applicant may view originals as requested]
You requested to examine the original records rather than receive copies. We invite you to examine the record(s) at [address] on [date] at [time]. If you are unable to examine the records at that time, please contact [name and telephone number] to arrange an alternate appointment.
[Option 1.3: Applicant cannot copy, but may view originals]
The record that is available to you cannot be copied. We invite you to examine the record at [address] on [date] at [time]. If you are unable to examine the records at that time, please contact [name and telephone number] to arrange an alternate appointment.
[If a fee is to be charged, provide an explanation--see Appendix 4.15 (Option 4) for suggested wording].
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[Option 2: Severed documents]
Some of the records you requested contain information that is excepted from disclosure under the Freedom of Information and Protection of Privacy Act. I have severed the excepted information so that I could disclose to you the remaining information in the documents.
The severed information is excepted from disclosure under Sections [list section numbers] of the Act. Severing was necessary because [provide reasons for severing, and explain context and general meaning of severed information if it is not evident on the face of the severed document. Attach a copy of the Access Request Review Form (pages 3 and 4, Detailed Review of Records) when possible, to clarify the severing. See Section C.3.8 of the Manual for a discussion of this form.]
I have noted on the record disclosed to you which section of the Act I have relied on to sever the information.
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[Option 3: Access refused]
I regret to inform you that [name of public body] is unable to provide access to [specify records]. This information is excepted from disclosure under section(s) [insert section numbers] of the Act. [Explain why the exception applies and is necessary. Attach a copy of the Access Request Review Form (pages 3 and 4, Detailed Review of Records) when possible, to clarify the application of the exception. See Section C.3.8 of the Manual for a discussion of this form.]
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Under Section 52 of the Freedom of Information and Protection of Privacy Act, you may ask the Information and Privacy Commissioner to review the decision to not disclose the records that you requested. You have 30 days from the receipt of this letter to request a review by writing to:
Information and Privacy Commissioner
4th Floor, 1675 Douglas Street
Victoria, BC V8V 1X4
Telephone: (250) 387-5629 Fax: (250) 387-1696
If you wish to request a review, please provide the Commissioner’s office with:
- Your name, address and telephone number;
- The request number assigned to your request (the “reference number” quoted at the top of this letter);
- The type of request that you made to the public body, i.e., access, correction, fee complaint, time limit complaint, etc., or a copy of the request;
- A copy of the [name of public body]’s decision; and
- The reasons or grounds upon which you are requesting the review.
If you have any questions about this letter, please write or call me at (250) [telephone number], prior to initiating a formal review process with the Office of the Information and Privacy Commissioner. You may be transferred to this number free of charge by calling Enquiry BC at 660-2421 in Vancouver or at 1-800-663-7867 outside Victoria and Vancouver.
Sincerely,
Director/Manager
Information and Privacy
[Enc.]
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