Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 27 However, in cases where there is a prosecution under FOIP pursuant to section 68 of FOIP, the Commissioner, the Commissioner’s staff or contracted employees of the Commissioner may participate in the proceeding as a witness or may produce documents relevant to the prosecution [s. 47(3) of FOIP]. Section 50: Refusal to Review Refusal to review 50(1) Where the commissioner is satisfied that there are reasonable grounds to review any matter set out in an application pursuant to section 49, the commissioner shall review the matter. (2) The commissioner may refuse to conduct a review or may discontinue a review if, in the opinion of the commissioner, the application for review: (a) is frivolous or vexatious; (a.1) does not affect the applicant or individual personally; (a.2) has not moved forward as the applicant or individual has failed to respond to the requests of the commissioner; (a.3) concerns a government institution that has an internal review process that has not been used; (a.4) concerns a professional who is governed by a professional body that regulates its members pursuant to an Act, and a complaints procedure available through the professional body has not been used; (a.5) may be considered pursuant to another Act that provides a review or other mechanism to challenge a government institution’s decision with respect to the collection, amendment, use or disclosure of personal information and that review or mechanism has not been used; (a.6) does not contain sufficient evidence; (a.7) has already been the subject of a report pursuant to section 55 by the commissioner; (b) is not made in good faith; or (c) concerns a trivial matter. Subsection 50(2) of FOIP permits the Commissioner to dismiss or discontinue a review under certain circumstances.
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