Manual
Published Information s.22
FIPPA / s.15 MFIPPA
In the Freedom of Information and Protection of Privacy Act (FIPPA)/Municipal
Freedom of Information and Protection of Privacy Act (MFIPPA) this
discretionary exemption allows an institution to refuse disclosure of a
record where:
- the record or the information contained in the record has been
published or is currently available to the public; or
- there are reasonable grounds to believe that the record or
information will be published by the institution within 90 days of the
request, or within a further period of time needed for printing the
material or for translating it before printing.
This exemption is not limited to information published only by the
institution. An institution has a duty to inform a requester where the
record or information in question is available. Where an institution
invokes this exemption, it must consider the convenience of the requester
compared to the convenience of the institution.
Where an institution is dealing with an issue, which is the subject of
numerous requests over a long period of time, and the institution will
grant access to these records, it may be advantageous for the institution
to put together a package of information and have it published. The
institution could set a reasonable fee for the package.
The compelling public interest exemption in s.23
FIPPA / s.16 MFIPPA does
not apply to this exemption.
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