Electronic Mail

TOPIC

Treatment of electronic mail (E-mail) messages under the Freedom of Information and Protection of Privacy Act (the Act). See also the cross-government Policy and Procedures Manual (the Manual).


BACKGROUND

E-mail messages are government records and are, therefore, subject to disclosure under the Act. There are two categories of E-mail messages:

Transitory

  • records of temporary usefulness that are needed only for a limited time in order to complete a routine action or prepare an ongoing record. Transitory records are not incorporated in standard records control or filing systems, for example, E-mail phone message notes.

Non-transitory

  • records that a public body uses to control, support or document the delivery of programs, to carry out operations, to make decisions, or to account for activities of government.

E-mail is subject to the same controls as other government records, including the disposition requirements set by the Document Disposal Act and the retention periods defined in approved records schedules.


FOIPP PROVISIONS

Applicants have the right to request access to any record in the custody or under the control of a public body, including an E-mail message (see subsection 4(1) of the Act and the Manual).

Public bodies conduct a line by line review of the requested record and release whatever information is not excepted from disclosure. Information that may be excepted from E-mail messages includes any information that falls within the exceptions of the Act:

  • Cabinet confidences, for example, a reference to an issue to be discussed in Cabinet (see section 12 of the Act and the Manual);
  • personal information. where its disclosure would constitute an unreasonable invasion of a third party's privacy; for example, a dental appointment or a private meeting (see section 22 of the Act and the Manual);
  • government economic or financial information; for example, investment holdings (see section 17 of the Act and the Manual);
  • third party business information, where its disclosure would harm the third party (see section 21 of the Act and the Manual);
  • advice or recommendations (see section 13 of the Act and the Manual);
  • legal advice (see section 14 of the Act and the Manual)


KEY POINTS TO REMEMBER

  • E-mail messages are records as defined by the Act, and are subject to access requests.
  • Transitory e-mails, which have not been destroyed at the time a request is received for such records are subject to the Act.
  • Public bodies may not be required to retrieve electronic records deleted from systems but still present in a back-up system if such retrieval would unreasonably interfere with the operations of the public body.
  • Non-transitory electronic records must not be destroyed, except in accordance with approved records schedules. Public bodies should place a hard copy on the appropriate files for retention and then delete the electronic copies from the system.
  • Contact your ministry's Director or Manager of Information and Privacy for more detailed assistance concerning E-mail messages and information requests.