Request for Information, Personal Information, or to Correct Personal Information
Any person is entitled to request and receive information related to the public business of public bodies; have access to records containing personal information about themselves; or request corrections to records containing personal information about themselves in the custody and control of public bodies in accordance with the provisions of the Right to Information and Protection of Privacy Act (RTIPPA).
The Right to Information and Protection of Privacy Act states that any person is entitled to request and receive records relating to the public business of public bodies, have access to their personal information and to request corrections to records containing their personal information in the custody and control of a public body in New Brunswick. Record is defined as information contained in a record that is written, photographed, recorded or stored by graphic, electronic or mechanical means. Public business includes any activity or function carried on or performed by a public body. Personal information means recorded information about an identifiable individual. There is no right to access certain types of information prescribed under sections 17 to 33 of RTIPPA.
RTIPPA does not replace existing procedures for accessing any information that is normally available to the public; nor does it affect any fees that may be charged for such access; nor should it become the sole vehicle by which personal information may be accessed or corrected.
The Right to Information and Protection of Privacy Act sets out a legislated process by which people can exercise their right to access information respecting public business; have access to their own information; or request correction of their own personal information.
Information you are looking for can, in most cases, be obtained by simply contacting the appropriate public body or by checking out their website, where many reports and other materials are made available.
If you were unable to access the information you need or request to correct your personal information using an informal approach, you can make a request under RTIPPA, in writing, to the head of the public body that you believe has the information. You can either use the appropriate form available (see below) or write a letter outlining your request under RTIPPA.
Oral requests are accepted from applicants with limited ability to read and write English or French or with a disability that prevents them from completing a written request.
If you need to exercise someone’s right under RTIPPA, you will need written authorization (letter, Power of Attorney, etc.) to do so. See section 79 of RTIPPA for more details.
If you have been denied access, in whole or in part, the head of the public body must state the reason(s) for the decision and specify the provision(s) of RTIPPA on which the refusal is based (sections 17 to 33), and inform you of your rights to have the decision reviewed by the Access to Information and Privacy Commissioner or a judge of the Court of Queen’s Bench, as prescribed in RTIPPA; or if your request for correction has been refused, the head must notify you of the refusal to correct, the reason for the refusal, attach the request for correction to the record in question and advise you of your right to file a complaint with the Commissioner.