What are the possible outcomes for my complaint?
Well founded
Based on the findings of the investigation, the Information Commissioner concludes that one or more of the allegations in your complaint have merit.
Examples
- The Commissioner concludes that the extension of time you complained about did not meet the requirements of paragraph 9(1)(a).
- The Commissioner concludes that information withheld under section 19 was not personal information and that, therefore, the institution should have disclosed it.
Once the investigation is complete, we will send you, the institution and any other parties to the complaint a final report with the Commissioner’s finding.
Not well founded
Based on the findings of the investigation, the Information Commissioner concludes that none of the allegations in your complaint have merit.
Examples
- The Commissioner concludes that the institution conducted a reasonable search for the records you requested.
- The Commissioner concludes that information the institution withheld under paragraph 20(1)(a) was a trade secret belonging to a third party and that, therefore, the institution was authorized to exempt it from disclosure.
Once the investigation is complete, we will send you, the institution and any other parties to the complaint a final report with the Commissioner’s finding.
Discontinued
You withdraw your complaint because you no longer want us to investigate your allegations.
Examples
- You no longer need the information you requested.
- The circumstances that prompted your complaint have changed.
We will send you, the institution and any other parties to the complaint a notice indicating that you have withdrawn your complaint.
Resolved
You are satisfied with the resolution of your complaint, or the central allegation of your complaint is no longer at issue.
Examples
- You receive a response to your access request before the Commissioner determines the merits of your allegation that the institution did not respond within the time limits.
- You receive the information you requested before the Commissioner determines the merits of your allegation that the institution was not authorized to exempt it from disclosure.
We will send you, the institution and any other parties to the complaint a final report indicating that the complaint is resolved.
Refused or ceased to investigate
In the Information Commissioner’s view, investigating your complaint is unnecessary.
Examples
- The Information Commissioner already investigated your allegations.
- You receive a response to your access request before the Commissioner determines the merits of your allegation that the institution did not respond within the time limits.
- You receive the information you requested before the Commissioner determines the merits of your allegation that the institution was not authorized to exempt it from disclosure.
When deciding whether to refuse or cease to investigate a complaint in these situations, the Commissioner may consider, among other factors, whether continuing to pursue the complaint would have any practical benefit, now that the institution has provided a response to the access request or disclosed information previously withheld—in particular, whether there is any meaningful action she could order the institution to take in light of the complaint.
In the Information Commissioner’s view, your complaint is trivial, frivolous or vexatious, or was made in bad faith.
We will notify you of the Commissioner’s decision to refuse or cease to investigate your complaint. We will also inform the institution when we already notified it that we intended to investigate your complaint (under section 32 of the Act). Other parties will be notified when the Act requires it.
