Are you aware that when a request is transferred from another institution (pursuant to section 25(1) FIPPA/ 18(2) MFIPPA), the 30-day legislative timeline provided for completing a Freedom of Information request*, began the day the originating institution received the request and not the date you received the transfer? This often-overlooked fact can unintentionally lead to skewed yearly compliance statistics submitted to the Information and Privacy Commissioner’s office, and delay responses to requests.
The provision for transferring a request to another institution is in my view intended to complement sec. 24(2) of FIPPA /sec. 14(1) of MFIPPA, which imposes on institutions a “duty to assist” individuals in formulating requests in a manner that enables employees to identify the record(s) being sought. The red tape of bureaucracy should not impede obtaining access to a requester's personal information or government-held general records.
It is also important to note, that this process is meant to occur at the initial stage of an access request to not delay the requester’s right of access. It is for this reason the legislation allows only 15 days for this transfer to occur. If a request is unclear at the onset, take the time to seek additional information or clarification from the requester.
Offering assistance to requesters is not only the right thing to do, it increases an institution's compliance with access and privacy legislation, and maintains transparency in the process.
To help better understand access and privacy legislation and avoid similar errors in legislative interpretation, consult a professional in the industry. Contact me if you have any questions or would like to learn more about access and privacy legislation.
(*30-day timeline notwithstanding allowable time extensions)
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