FOI: From Start To Finish

One of the realities of being part of a local government is that your communications and work products, from the reports you read and write to the emails you exchange with colleagues or members of the community, are subject to the Freedom of Information and Protection of Privacy Act (“FIPPA”). Under FIPPA, anyone can make a request to a public body (such as a local government) to access records (referred to in this paper as “access requests” or “FOI requests”). This paper provides an overview of the access request response process, and some general suggestions regarding best practices and opportunities to avoid common issues.

Recently, we have heard from clients that many local governments are receiving increasing numbers of access requests. While this can be helpful for improving transparency, it can also create significant demands on staff. Whether or not your job directly involves processing FOI requests, you will most likely end up part of the FOI process somewhere along the way. Therefore, this paper is intended to be a resource for two audiences in particular. First, municipal staff members who do not routinely process access requests and would like to gain an overview of this area. Second, municipal staff members who process access requests and therefore are likely already familiar with much of the information in this paper, but hopefully will find a few pieces of practically helpful new information. Please note this paper addresses topics with varying degrees of detail and cannot be relied on as a complete guide to processing an FOI request.

At the outset, before diving into an overview of the stages of processing access requests, we wish to take a moment to address why this somewhat complex and time-consuming process exists. One answer to that question is: “because FIPPA requires it”. That answer is not wrong. However, we find that when working on access requests it can be helpful to keep in mind another, more idealistic answer: the access request process is one of the main mechanisms that enable the lofty ideals of FIPPA—mainly, (1) transparency as a foundation of democratic government, and (2) protection of privacy—to be given practical effect. The real world generally is full of messy particulars. Laws such as FIPPA mostly contain polished, abstract guidance. The access request process forms a bridge between the abstract and the particular, and without such a process it is difficult to imagine how FIPPA’s careful balancing act between transparency and privacy could have practical effects in the real world.

Download pdf: FOI: From Start To Finish

Download pdf: FOI: From Start To Finish