Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 111 SECTION 31: INDIVIDUAL’S ACCESS TO PERSONAL INFORMATION Individual’s access to personal information 31(1) Subject to Part III and subsection (2), an individual whose personal information is contained in a record in the possession or under the control of a government institution has a right to, and: (a) on an application made in accordance with Part II; and (b) on giving sufficient proof of his or her identity; shall be given access to the record. (2) A head may refuse to disclose to an individual personal information that is evaluative or opinion material compiled solely for the purpose of determining the individual’s suitability, eligibility or qualifications for employment or for the awarding of government contracts and other benefits, where the information is provided explicitly or implicitly in confidence. This section can also be found in the Guide to FOIP, Chapter 4: “Exemptions to the Right of Access” and Chapter 6: “Protection of Privacy” because it falls under Part IV of FOIP which deals with the protection of “personal information”. Subsection 31(1) Individual’s access to personal information 31(1) Subject to Part III and subsection (2), an individual whose personal information is contained in a record in the possession or under the control of a government institution has a right to, and: (a) on an application made in accordance with Part II; and (b) on giving sufficient proof of his or her identity; shall be given access to the record. Subsection 31(1) of FOIP provides that upon application an individual is entitled to their own personal information contained within a record unless an exemption applies under Part III or subsection 31(2) of FOIP applies. Government institutions should interpret the exemptions to this right to personal information with a view to giving an individual as much access as possible. Records containing personal information may be very sensitive in nature, so care must be taken to ensure that proper safeguards are in place when these types of records are released.
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