Anonymity of applicants

Protecting the privacy and identity of an applicant when processing a right to information (RTI) request is a requirement under the Right to Information and Protection of Privacy Act (RTIPPA). The personal information of an applicant, including their name, is not to be disclosed to anyone who does not need it to process a RTI request. Doing so can violate an individual’s privacy and introduce bias and interference into the RTI process.

Last updated November 2023

The information provided on this page is intended to provide guidance to public bodies. The purpose is to help New Brunswick public bodies understand their obligation to keep the identity of an applicant anonymous when processing a right to information request. Information provided on this page is for information purposes only and does not constitute legal advice. Public bodies should consult with their own legal counsel for legal advice related to RTIPPA.

A core principle of RTIPPA is to ensure public access to records held by public bodies. When people make right to information requests, they do not have to explain why they want the information. Similarly, when processing a request, the reasons behind the request, the type of requestor, and the identity of the applicant are irrelevant and must not affect their access rights. Keeping an applicant’s identity anonymous when processing a request demonstrates the request was processed fairly without bias or interference.

When an applicant makes a request for information, they will provide personal information such as their name, address, email address, and phone number. This information is provided for a specific purpose, which is to process the request. Processing a request may involve the following activities:

• Communicating with the applicant and sending an acknowledgement, clarification, and response letter, and
• Entering the applicant’s information into an internal RTI tracking system or database.

In accordance with ss.43(2) of RTIPPA, the use and disclosure of someone’s personal information must be limited to the minimum amount of information to accomplish its purpose. RTIPPA also says in ss.43(3) that if a public body has someone’s personal information, the use and disclosure of the information must be limited to employees and officers who need that information to fulfil its purpose.

This means that only employees or officers within a public body who are processing a request should have access to an applicant’s information. The amount of information disclosed and used should be limited to the minimum amount necessary.

For example, it makes sense that the person communicating with the applicant and sending a response letter is aware of the applicant’s contact information. However, it would not be appropriate for someone conducting a records search to know this information as they do not need an applicant’s contact information to carry out a records search.

Keeping in mind the provisions of ss.43(2) and ss.43(3) of RTIPPA outlined in the previous section, the applicant’s identity must be anonymized before it leaves the hands of the ATI Analyst and remain anonymous.

When an ATI Analyst must consult with others in the public body, only the wording of the request is to be provided. The applicant’s name is not to be shared. Disclosing the applicant’s name without authorization is not only a violation of privacy but can also introduce bias into the right to information process.

There are some exceptions to this rule, including when:

• the request is for personal information and an employee conducting a records search must know the applicant’s name to conduct the search,
• the applicant has consented to the disclosure of their name, and
• the final response letter is sent to the head of the public body for final approval and signature, at which point the head may see the applicant’s name and contact information displayed on the letter.

Where the name of an applicant must be disclosed as set out as described, its disclosure must be limited to authorized employees or officers.