Section 239(3) of the Municipal Act, 2001 requires that a meeting be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) if council is the head of an institution for the purposes of that Act. The Ombudsman has found that it is not necessary that a formal request for information be made for the exception to apply. Rather, the process for requesting personal information may be commenced informally. In those cases, the exception nonetheless applies.
There are currently no public cases under this exception.