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Independent Information Commission Guidelines and Procedures for the Handling and Determination of FOI Appeals

WHEREAS, the Independent Information Commissioner (“Commission”) has been established

under the Freedom of Information Act, as amended, (“FOI Act”) as a self-regulating oversight

body responsible to oversee implementation of, and compliance with the FOI Act;

WHEREAS, Chapter 5 of the FOI Act authorizes the Commission to “receive, hear and decide

all complaints as well as mediate disputes arising under this Act”, including serving as the sole

quasi-judicial forum to hear and decide all appeals from denials, adverse decisions or failure to

respond to FOI requests;

WHEREAS, the FOI Act further provides, amongst other things, that the Commission “shall

enjoy operational, investigatory and regulatory autonomy, and general independence” in the

exercise of its work, and with express authority “to develop access guidelines and procedures”

in connection with the discharge of its statutory functions; and

WHEREAS, the Commission has determined the need for establishing requisite guidelines and

procedures for the effective and transparent handling of disputes and appeals arising from or in

connection with any case in which the FOI requester is dissatisfied by the response or failure to

respond by a Public Body or a Private Body performing public functions or providing public

service;

NOW THEREFORE, the Independent Information Commission, by the power vested in him

by the Freedom of Information Act, does hereby rule, prescribe and regulate as follows: