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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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