Are there any exceptions to my right to request government information?
Each
access to information law should be checked for the specific details
relavant to the law. For example, under the federal Privacy Act,
when a request is made for access to a government record, the government
institution is generally required to release it to the person who
has made the request. There are a number of specific exceptions to
this rule, however, that are designed to protect privacy and avoid
the disclosure of sensitive information. These exemptions fall into
the following general categories of information:
- Personal information: A great deal of sensitive
personal information is collected by the government. In order
to protect the privacy of individual Canadians, a government institution
can refuse to disclose records that contain personal information
about someone other than the person who made the request.
- Information obtained in confidence from another government (foreign, provincial, municipal, or regional).
- Information that might harm provincial-federal affairs.
- Information related to international affairs and defence.
- Information prepared by the RCMP for policing services.
- Information relating to criminal or law enforcement matters.
- Information about medical records where the information would be damaging to the requesting individual.
- Information covered by solicitor client privilege.
- Information contained in personal information banks which have been excepted
by government order (a personal information bank is all personal
information held by a prticular ministry or department).
- Information that might threaten the safety of individuals.
- Information related to those sentenced for an offence.
- Information relating to security clearances.
Each category must be studied to determine the exceptions and qualification that apply to whether or not the government can refuse to disclose the information.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
June
2006
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