Application to Disregard an Access to Information Request or Request for Correction 1 I. Introduction In 2017, the Saskatchewan Legislative Assembly passed amendments to The Freedom of Information and Protection of Privacy Act (FOIP) and The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). These amendments were in force as of January 1, 2018. One of the changes to these Acts was to give a government institution or local authority (public bodies) the ability to apply to the Information and Privacy Commissioner (Commissioner) to disregard: • an application made pursuant to section 6 of FOIP and LA FOIP (access to information request); or • a request for a correction to personal information made pursuant to section 32(1) of FOIP or section 31(1) of LA FOIP (request for correction). An application to disregard is a serious matter as it could have the effect of removing an applicant’s express right to seek access to information in a particular case. It is important for a public body to remember that an application to disregard must present a sound basis for considerations. A public body must submit the application to disregard in writing and provide any supporting facts, evidence, and arguments to support its case. The process will also require that the public body provide a copy of its application to disregard to the applicant, so that the applicant has an opportunity to respond. This resource will explain the procedure when a public body makes an application to disregard an access to information request or a request for correction. An application to disregard only applies to access to information and correction requests and not to privacy breach complaints. There is also no parallel process in The Health Information Protection Act. II. Key Terms The following are key terms used throughout this guide. See also IPC’s Dictionary for information on common terms and phrases used in the administration of FOIP and LA FOIP in Saskatchewan. Term Meaning Access to Information Request A request for a record made by an applicant to a public body pursuant to section 6 of FOIP and LA FOIP. FOIP and LA FOIP refer to it as an ‘application’. Applicant An individual who made an application (access to information request) pursuant to section 6 of FOIP and LA FOIP or request for correction pursuant to section 32(1) of FOIP or section 31(1) of LA FOIP.
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