If records have been sent for destruction but not yet destroyed when an access request is received, does the public body have to include such records in the request process?
YES, when a request for records is received all records pertaining to the request are frozen and no further actions can be taken to destroy the requested records if they have been scheduled for destruction. This would include electronic mail and other electronic records not yet deleted from the system. Records cannot be destroyed until 30 days after the Commissioner has released his order (unless a judicial review is requested) or 61 days after release of the records to the applicant if no request for review is made to the Commissioner.
Related Questions
- 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?
- If records have been sent for destruction but not yet destroyed when an access request is received, does the public body have to include such records in the request process?
- Does a public body have any control over how records that have been released in response to a FOIP request are used by the applicant?
