Guide to FOIP-Chapter 2

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 12 Notices Required by FOIP FOIP contains requirements that government institutions give various types of notices to persons. For example, section 7 of FOIP provides that the head of the government institution shall give written notice to an applicant of its decision regarding access within 30 days after an application is made. The following are notices required to be provided by government institutions. This list does not include other obligations to inform: • Section 7 notice of the head’s decision regarding access is to be provided to an applicant within 30 days after an application is received by the government institution. • Subsection 7.1(2) notice is to be provided to applicants when applications are deemed abandoned. • Subsection 11(1)(b) notice is to be provided to applicants when a record responsive to an access request is transferred to another government institution for processing. • Subsections 12(2) and (3) requires a notice to be provided to applicants when the head extends the 30-day response time. Notice of the extension is to be given within the first 30 days after an application is made. Within the period of extension, the head shall give notice in accordance with section 7. • Subsection 26(2) requires the government institution to inform an individual of the purpose for the direct collection of the individual’s personal information unless the FOIP Regulations exempts the information from this notice. • Section 34 notice is to be given to third parties where a head intends to give access to third party information (see section 19 of FOIP) or personal information that may be disclosed pursuant to subsection 29(2)(o) of FOIP. This notice requirement can be waived by the third party (see section 35 of FOIP). • Section 37 notice of the head’s decision regarding whether access to the third party information will be given is to be provided to the third party and applicant within 30 days after the third party was provided notice pursuant to section 34 of FOIP. • Section 52 notice is to be given to third parties that a review by the Information and Privacy Commissioner (IPC) is occurring. The head shall provide this notice to any third party that was or would have been given notice under section 34 of FOIP. This notice shall be given immediately upon learning of the IPC’s review. The head must also immediately provide notice of a review to an applicant where the review is requested by the third party. • Section 56 notice of the head’s decision regarding the Commissioner’s report must be given to the Commissioner, applicant or individual and third party within 30 days of receiving the Commissioner’s report.

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