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If records have been sent for de struction but not yet destroyed when an access request is received, does the public body have to include such records in the request process?

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If records have been sent for de struction but not yet destroyed when an access request is received, does the public body have to include such records in the request process?

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Yes. When a request for records is received all records requested are frozen and no further actions may be taken to destroy the requested records if they have been designated for destruction. A FOIPOP request for records includes all records, which have not been destroyed at the time the request was received. Records can include e-mail records that have not yet been deleted from your e-mail system, and records that have been designated and sent for destruction but not yet destroyed.

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