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. 18 4. The Commissioner undertakes public education with respect to information rights including both access to information and protection of privacy.30 The Commissioner prepares a report on the completion of a review or investigation that includes findings and recommendations for the government institution. The government institution has a responsibility to respond to the Commissioner’s report under section 56 of FOIP indicating whether it will comply with the recommendations. If not satisfied with the section 56 response from the government institution, an applicant can pursue an appeal to the Court of King’s Bench for Saskatchewan. The Court of King’s Bench will determine the matter de novo. A hearing de novo means a review of a matter anew, as if the original hearing had not taken place.31 The Commissioner is neutral and does not represent a government institution or an applicant in a review or investigation. In January 2018, the Commissioner wrote a blog about the Commissioner’s office and when the roles of collaborator and neutral objective decision-maker come into play. For more see, So, Do We Collaborate? Section 33: Privacy Powers Privacy powers of commissioner 33 The commissioner may: (a) offer comment on the implications for privacy protection of proposed legislative schemes or government programs; (b) after hearing the head, recommend that a government institution: (i) cease or modify a specified practice of collecting, using or disclosing information that contravenes this Act; and (ii) destroy collections of personal information that is collected in contravention of this Act; 30 SK OIPC Annual Report - 2003-2004 at p. 7. 31 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 837.

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