Third parties

Sometimes the records in a right to information request contain information about someone else. That other person, organization, or entity is called a third party. A public body must tell a third party if they are considering releasing their information. The third party may tell the public body that they agree or disagree with the disclosure of their information. The public body will then decide whether to release the information. A third party can complain to the Ombud or refer the matter to the Court of King’s Bench if they aren’t happy with the public body’s decision to release their information.

When records contain information about someone else, that person, organization, or entity is called the third party.

Receiving a notice from a public body

The public body must write to you if they are considering releasing your information and it could be an unreasonable invasion of your privacy or affect your business or financial interests. They will provide you with a copy of the records and information under consideration.

Responding to the public body

You will need to respond to the public body within 15 business days to tell them whether you agree or disagree with the disclosure of your information. If you don’t agree with the public body disclosing your information, you’ll need to tell them why.

What happens after you respond

The public body will review your response and decide whether or not to release your information.

In some cases, the public body may decide to disclose your information even though you did not agree. They will write to you and explain the reasons for their decision. If you’re not happy with their decision you can complain to the Ombud or refer the matter to the Court of King’s Bench. You must make a complaint or referral within 15 business days after being notified of the public body’s decision, otherwise your information will be disclosed to the applicant.

If the public body agrees with you and does not disclose your information, the person who made the request may challenge their decision. The applicant has 40 business days to make a complaint to the Ombud or refer the matter to the Court of King’s Bench. Depending on the outcome, it is possible your information may be disclosed.