Overview of section 87 RTI Act
On external review, the respondent Minister or agency must establish that the decision under review was justified, or that the Information Commissioner should make a decision adverse to the access applicant. However, if the decision being reviewed is a 'disclosure decision', the person who opposes disclosure of the relevant information must establish that a decision against disclosure or a decision adverse to the access applicant is justified.
This section replicates section 81 of the repealed FOI Act with no substantive changes.
Other relevant RTI/IP Act sections
Section 37 RTI Act
If an agency or Minister intends to grant access to information, the disclosure of which may be of concern to a relevant third party, the agency or Minister must take steps to consul with the third party.
Last updated: March 1, 2012