The OIC likes to say that they have "no authority" to accept complaints past the 60-day deadline, but I always point them to section 30(3) of the Act, which allows the commissioner to initiate an investigation for any reason they want:
"Where the Information Commissioner is satisfied that there are reasonable grounds to investigate a matter relating to requesting or obtaining access to records under this Part, the Commissioner may initiate a complaint in respect thereof."
This strategy has never worked for me so far, but maybe one day the OIC will decide to actually exercise what little power they have under the Act.
You are quite right, Josh. I, too, have asked the commissioner to use her powers under that section to investigate an appeal from me. But I have never succeeded. My take is that the office is so overwhelmed with complaints, they are not inclined to increase their workload, no matter how important the issue is.
Another great piece. There is really no rationale for why requestors have a deadline to file a complaint. Does some harm result from a complaint that is a day or a week "late"? Once the Information Commissioner becomes aware that a department or agency has blown past a deadline or is in violation of the Act in any way, the office should take action -- no matter what the requestor has or hasn't done.
Thanks, Cecil. I agree. But the 60-day rule was imposed to reduce backlogs. (It used to be one year.) So how well has that strategy worked?
The OIC likes to say that they have "no authority" to accept complaints past the 60-day deadline, but I always point them to section 30(3) of the Act, which allows the commissioner to initiate an investigation for any reason they want:
"Where the Information Commissioner is satisfied that there are reasonable grounds to investigate a matter relating to requesting or obtaining access to records under this Part, the Commissioner may initiate a complaint in respect thereof."
This strategy has never worked for me so far, but maybe one day the OIC will decide to actually exercise what little power they have under the Act.
You are quite right, Josh. I, too, have asked the commissioner to use her powers under that section to investigate an appeal from me. But I have never succeeded. My take is that the office is so overwhelmed with complaints, they are not inclined to increase their workload, no matter how important the issue is.
Another great piece. There is really no rationale for why requestors have a deadline to file a complaint. Does some harm result from a complaint that is a day or a week "late"? Once the Information Commissioner becomes aware that a department or agency has blown past a deadline or is in violation of the Act in any way, the office should take action -- no matter what the requestor has or hasn't done.