Section 62 - Right to Ask for a Review

Overview

Section 62 sets out the right to request a review of the Commissioner's decision as the head of a public body.

Section Reference

Section 62 of the Freedom of Information and Protection of Privacy Act

1. A person who makes a request to the commissioner as head of a public body for access to a record or for correction of personal information may ask an adjudicator to review any decision, act or failure to act of the commissioner that relates to the request, including any matter that could be the subject of a complaint under section 42(2)(a) to (d).
2. A third party notified under section 24 of a decision to give access may ask an adjudicator to review any decision made about the request by the commissioner as head of a public body.

Summary

Section 62 sets out the right of both applicants and third parties to ask an adjudicator to review any decision, act or failure to act by the Commissioner as the head of a public body in relation to an information or correction request.

The Freedom of Information and Protection of Privacy Act allows the Lieutenant Governor in Council (Cabinet) to designate a judge from the Supreme Court of British Columbia to be an adjudicator to review the Commissioner’s decisions as the head of a public body on the disclosure of information requested under the Act.

Interpretation

The decision, action or inaction, of the Commissioner as head of a public body, in relation to an information or correction request, may be the subject of a review by an adjudicator, in respect of the following (not exhaustive):

• withholding or releasing information under sections 12 - 22 (Exceptions);
• confirming or denying the existence of a record under section 8(2) (Contents of a response);
• refusing to allow the applicant to examine the original record under section 9(3) (How access will be given); and,
• various grounds for complaint under section 42(2) (General powers of commissioner).

Section 63 (How to ask for a review) contains the time limits for the exercise of the right established by this section.

Under section 52 (Right to ask for a review) a person may ask the Commissioner, to review a decision made by any head of a public body, except the Commissioner.

Sectional Index of Commissioner's Orders

For orders organized by the Act's section numbers, Click here.

For a summary of Commissioner's orders and policy interpretation of key points, Click here.

Last updated: July 26, 2007