Fee Estimate and Waiver of Fees (Subsections 82(2) & 82(5) of FIPPA and Sections 8 & 9

Refusal to Confirm or Deny the Existence of a Record (subsection 12(2))

[Date]

[Applicant’s Name and Address]

Dear [Applicant’s Name]:

Re:Your request for access to information under Part 2 of The Freedom of Information and Protection of Privacy Act:

[Our File Number ]

On [date], [name of public body] received your request for access to the following records:

[describe the records requested].

Under subsection 12(2) of FIPPA, we are refusing to confirm or deny the existence of the records you have requested, and your request for access is refused. Subsection 12(2) of the Act states:

12(2)Despite clause (1)(c), the head of a public body may, in a response, refuse to confirm or deny the existence of

(a)a record containing information described in section 24 or 25; or

(b)a record containing personal information about a third party if disclosing the existence of the record would be an unreasonable invasion of the third party’s privacy.

If the requested records existed, the information in them would fall within the exceptions to disclosure in section 24 (Disclosure harmful to individuals or public safety), section 25

(Disclosure harmful to law enforcement or legal proceedings) or section 17 (Disclosure harmful to a third party’s privacy) of The Freedom of Information and Protection of Privacy Act and access would be refused. A copy of sections 17, 24 and 25 of the Act is enclosed.

Subsection 59(1) of TheFreedom of Information and Protection of Privacy Act provides that you may make a complaint about this decision to the Manitoba Ombudsman. You have 60 days from the receipt of this letter to make a complaint on the prescribed form to:

Manitoba Ombudsman

750 - 500 Portage Avenue

WinnipegMBR3C 3X1

982-9130

1-800-665-0531

If you have any questions, please contact [Access and Privacy Coordinator] at [businessaddress and telephone number].

Sincerely,

[Name]

Access and Privacy Officer