Letter 3-1: Notice to Applicant that Requested Record(s) is/are Excluded from the Scope of the Act

File or Reference Number:

Date

Applicant’s name and address

Re: Request for Access to Records under the Freedom of Information and Protection of Privacy Act

Dear [applicant’s name]:

I am writing in response to your request of [date] for access to records under the Freedom of Information and Protection of Privacy Act (the Act). You requested copies of [briefly describe records].

With respect to your request, please be advised that I am unable to provide you access to the records under the Act because the Act, pursuant to section 3, does not apply to [quote relevant part of section 3 (for example: “a record in a court file”)]. A copy of section 3 of the Act is enclosed for your reference.

[Optional: While the Act does not apply to the records you have requested, they may be available to you outside of the Act by contacting (name of individual or agency who may be able to provide access- in the case of court records – refer applicant to the Court Registry)]. 

If you have any questions about this decision or require further clarification as to why the Act does not apply to the records you requested, please write or call [name of analyst], the Analyst assigned to your request, at [telephone number].

Under section 52 of the Act, you may ask the Information and Privacy Commissioner to review this decision if you do not agree that the Act does not apply to the records you requested. You have 30 days from receipt of this decision 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. A copy of the request for records,
  4. A copy of this decision letter, and
  5. The reasons or grounds upon which you are requesting the review.

If you have any questions about this letter or the process for requesting a review, please write or call [name of analyst] at [telephone number], prior to initiating a formal review process with the Office of the Information and Privacy Commissioner. If you are calling from outside Victoria, 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 from elsewhere in British Columbia.

Sincerely,

 

Director/Manager
Information and Privacy

[Enc.]