7 Office of the Saskatchewan Information and Privacy Commissioner. Best Practices for Administrative Tribunals When Publishing Decisions. Updated February 2025. determine if there is a public interest, consider the following: • Will disclosure contribute to the public understanding or debate/resolution of a matter or issue that concerns the public, or that would concern the public if they knew about it? • Will disclosure contribute to the open, transparent functioning of the tribunal? o Will disclosure show or support how the tribunal reached its decision? o Will disclosure shed light on the tribunal’s activities? o What are the factors in favour of disclosure versus not disclosing? What benefits would the tribunal derive? o Is there a public interest in not disclosing the information, such as if it would limit democratic participation or prevent witnesses from coming forward? Lastly, would disclosure clearly outweigh any invasion of privacy. This means that disclosure could have more importance than an individual’s right to privacy. Administrative tribunals should consider the sensitivity of the personal information, what the affected person expects (e.g., did they intend for the information to remain private) and the probability or degree of injury that would result from disclosure. Injury can include physical injury, reputational injury or harm, or financial harm. If an administrative tribunal posts a decision to satisfy the public interest, it should consider what amount of personal information it is authorized to post and what is necessary to satisfy this interest. Recommended Best Practices for Posting Decisions Administrative tribunals should always identify their statutory authority to post any personal information/personal health information when publicly posting decisions. • If there is no statutory requirement to publicly post decisions or to disclose personal information/personal health information, then administrative tribunals should consider not doing so.
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