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INFORMATION COMMISSIONER’S GUIDANCE
Passage of time during investigations
The OIC independently reviews government institutions’ decisions on the disclosure of government information. Generally, refusal investigations conducted by the OIC assess the application of exemptions to the requested records at the time the decision to refuse access was made by the government institution (i.e., the date of the institution’s response).
However, if during the course of the investigation, further information could be released given the passage of time, a change of circumstances, or where the state of the law has changed in favour of release, the OIC may request institutions to consider disclosing additional information as appropriate.
This is not only consistent with the institution’s duty to assist, but also facilitate a more efficient access to information regime particularly when a requester could, if the request was resubmitted, receive more information.
If the additional disclosure satisfies the requestor and there are no outstanding issues, the complaint will be considered resolved. Otherwise, the investigation will take its course.
Relevant provisions of the Act
Section 2 of the Act provides a right of access to information in records under the control of government institutions in accordance with the principles that government information should be available to the public subject only to limited and necessary exceptions and that decisions on the disclosure of government information should be reviewed independently of government.
The duty to assist requesters, found in subsection 4(2.1) of the Act, has three essential elements. First, a government institution must make every reasonable effort to assist requesters with their request. Second, a government institution must respond to the request accurately and completely. Finally, the institution must provide timely access to the record in the format requested (subject to relevant Access to Information Act Regulations.)