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Model Letter I – Response to Access Request – Record Does Not Exist

[Return to Letters]

Purpose: To advise an applicant that a record does not exist.

[Reference number]

[Date]

[Applicant's name and address]

Dear [Applicant's name]:

Re: Freedom of Information and Protection of Privacy Act
[Request under Consideration]

I am writing about your request of [date] for access to information under the Freedom of Information and Protection of Privacy Act .

I regret to inform you that a search by [name of public body] has failed to retrieve any records relating to the subject of your request. [Outline all steps taken to locate records and, if the records have been destroyed, provide information, if possible, as to when and under what authority this was done.]

If you have any questions about this letter, please write or call me at [telephone number].

Under section 65 of the Freedom of Information and Protection of Privacy Act , you may ask the Information and Privacy Commissioner to review the finding that records relevant to the request [could not be located or have been destroyed]. You have 60 days from the date of this notice to request a review by writing to the Information and Privacy Commissioner at 410, 9925 – 109 Street, Edmonton, Alberta, T5K 2J8.

[If the nature of the request warrants it, the public body may also wish to include the following paragraph.]

Section 67(1) of the Freedom of Information and Protection of Privacy Act requires the Commissioner to give a copy of your request for review to the head of a public body and to any other person who, in the Commissioner's opinion, is affected by the request. Therefore your request for review should not contain any information that you do not wish exchanged with the other parties.

If you wish to request a review, please provide the Office of the Commissioner with the following information:

  1. The reference number quoted at the top of this notice.
  2. A copy of this letter.
  3. A copy of your original request for information that you sent to [name of public body].

Sincerely,

[Name]
[Title]