Is a public body required to sever libelous comments from letters of complaint before releasing them under FOIP?
If the applicant is the person about whom the comments are made, there is no authority for the University to sever such comments prior to releasing the record. However, Mount Royal may want to consider Section 17(5)(e) and other sub-sections in determining whether to release the name or other information that would identify the complainant. If the applicant is not the person about whom the comments are made, the information is the personal information of the individual the comments are about and may be severed in accordance with Section 17.
Related Questions
- 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?
- Does the Open Meeting Law require the governing body of a public agency to accept public comments and testimony during meetings?
- Is a public body required to sever libelous comments from letters of complaint before releasing them under FOIP?
Is a public body required to sever libelous comments from letters of complaint before releasing them under FOIP?