Order F2002-009: Summary

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DATE: December 30, 2002

PUBLIC BODY: Banff Centre

FOIP REQUEST: The applicant requested access to the applicant's own personal information, as well as information relating to complaints and grievances made by the applicant. The Centre responded to the applicant's request by disclosing some records. The applicant was not satisfied that all of the responsive records in the Centre's custody or under its control had been disclosed. The applicant asked the Information and Privacy Commissioner to review the Centre's response.

ISSUES: The applicant submitted that the Centre had not met its duty to make every reasonable effort to assist the applicant (section 10(1)).

DECISION AND REASONS:

  • The Adjudicator found that the Centre had fulfilled its duty to assist the applicant under section 10(1) of the FOIP Act. Although the Centre was unable to find certain records, the Centre had made every reasonable effort to locate all responsive records, and to respond to the applicant openly, accurately and completely.
  • The Adjudicator did not have jurisdiction to deal with issues regarding the Centre's record-keeping practices before the FOIP Act came into force.

The Centre's actions were upheld.

SECTOR: Post-Secondary Institution

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