Letter 8-3: Response to Access Request - Denial Of Request

  • use this letter to advise applicant that the request for access is denied, or that the record does not exist

File Number:

Date

Applicant’s name and address

Reference Number

Re: Freedom of Information and Protection of Privacy Act Request for Information  

Dear [applicant’s name]:

I am writing about your request of [date] for access under the Freedom of Information and Protection of Privacy Act (the Act).

[Option 1: Record does not exist]
I regret to inform you that [name of public body] is unable to provide access to the records you have requested because the record(s) do(es) not exist. [Outline steps taken to determine whether the record exists].

[If records have been destroyed, provide information on when and under what authority the records were destroyed, if this is known.]

[Option 2: Access refused]
I regret to inform you that [name of public body] is unable to provide access to the records you have requested, including [specify records]. This information is excepted from disclosure under section(s) [insert section numbers] of the Act.

[Explain why the exception applies and why it is necessary.]

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:

Office of the Information and Privacy Commissioner
3rd Floor, 756 Fort Street
Victoria, British Columbia V8W 1H2
Tel. (250) 387-5629   Fax (250) 387-1696

If you wish to request a review, please provide the Commissioner’s office with:

  1. Your name, address and telephone number;
  2. The request number assigned to your request (the “reference number” quoted at the top of this letter);
  3. 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;
  4. A copy of the [name of public body]’s decision; and
  5. 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 Service BC at 604 660-2421 in Vancouver or at 1 800 663-7867 outside Victoria and Vancouver.

Sincerely,

 

Director/Manager
Information and Privacy