Request Open Data Exemption - Kitchener

Technology and Data Ontario 3 Minutes Read · published May 24, 2026 Flag of Ontario

In Kitchener, Ontario, organizations and City staff sometimes seek an exemption from publishing a dataset on the City’s open data portal. This guide explains the typical process for requesting an exemption, the legal basis you should reference, who decides, and the practical steps to submit a request or appeal. It is written for residents, businesses, and City employees who need to protect privacy, security, or other lawful exemptions while ensuring compliance with City policy and provincial rules.

When and why request an exemption

Exemptions are commonly requested when publication would disclose personal information, pose a security risk, or conflict with other legal obligations. Before applying, identify the dataset, describe the sensitive fields, and explain why redaction or non-publication is necessary.

Provide concise justification and examples of the sensitive fields to speed review.

Procedure overview

Typical steps are: identify the dataset and owner, prepare a written justification, submit to the City’s Open Data program or City Clerk for review, and await a decision. The City’s Open Data page explains program scope and contact details Open Data - City of Kitchener[1]. Provincial rules under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) govern when records must be withheld or redacted Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)[2].

Penalties & Enforcement

The City treats improper disclosure of protected information seriously. Specific fines or statutory monetary penalties for failing to follow open data publication rules are not specified on the cited City pages; provincial MFIPPA contains offences and remedies but amounts or daily fines are not specified on the cited statute page for this context. For precise enforcement provisions, consult the City Clerk or the provincial statute cited above.

If a dataset is published in error, immediate notice to the City Clerk reduces potential harm.
  • Enforcer: City of Kitchener Open Data program and the City Clerk for access and privacy matters; contact the City Clerk for complaints and reviews City Clerk - City of Kitchener[3].
  • Fines: not specified on the cited City page and not given in the open data guidance; see MFIPPA for provincial offences and remedies.
  • Appeals/review: internal review by City Clerk, then external complaint to the Information and Privacy Commissioner of Ontario under MFIPPA; time limits are not specified on the cited City pages.
  • Non-monetary actions: orders to remove data, redaction directives, requirements to notify affected individuals, and possible judicial proceedings under provincial law.

Applications & Forms

The City does not publish a dedicated online "exemption from open data publication" form on the Open Data program page; requests are typically made in writing to the Open Data contact or City Clerk with dataset details and justification. The open data page lists contact instructions for program inquiries Open Data - City of Kitchener[1]. If no form is provided, include dataset identifier, owner, scope, and precise exemption reasons in your submission.

How-To

  1. Identify the dataset and dataset owner within the City, and collect sample records demonstrating the sensitivity.
  2. Prepare a written justification explaining which fields are sensitive and which exemption under MFIPPA or City policy applies.
  3. Submit the request to the Open Data program or City Clerk by email or mail; use the contact information on the City Open Data and City Clerk pages Open Data[1].
  4. Await review; the City will assess impacts and may propose redaction, delay, or refusal to publish the dataset.
  5. If denied, pursue internal review with the City Clerk, then external review or complaint under MFIPPA.

FAQ

Who decides whether an exemption is granted?
The City’s Open Data program recommends action and the City Clerk or delegated decision-maker issues determinations on publication and access.
Is there a published form to request an exemption?
No dedicated exemption form is published on the City Open Data page; submit a written request with dataset details and justification to the program or City Clerk.
Can I appeal a decision?
Yes. Internal review is available through the City Clerk and external complaint options exist under MFIPPA with the provincial Information and Privacy Commissioner.

Key Takeaways

  • Prepare clear, factual justification and identify specific sensitive fields when requesting an exemption.
  • Contact the Open Data program or City Clerk early to confirm submission method and required information.

Help and Support / Resources

  1. [1] City of Kitchener - Open Data
  2. [2] Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)
  3. [3] City Clerk - City of Kitchener

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