Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 7 information and referred to previous Review Reports LA-2012-002, 156-2017 and 267-2017. Furthermore, the Commissioner found that SaskPower did not appropriately consider the need-to-know and data minimization principles when the applicant’s personal information was disclosed to the Minister. For more on the need-to-know and data minimization principles, see the Guide to FOIP, Chapter 6, “Protection of Privacy”. Reason for Request Not Relevant The reason an applicant wants specific information is not relevant when processing an access to information request. To require applicants to demonstrate a need for the information would erect a barrier to access. FOIP grants an open-ended or unqualified right of access to public information of which government institutions are only the stewards.8 Access to information legislation exists to ensure government accountability and to facilitate democracy. Therefore, where an applicant’s motivation is fact finding or to obtain proof of wrongdoing, these purposes cannot be considered unreasonable or illegitimate. Applicants may seek information to assist them in a dispute with a government institution, or to publicize what they consider to be inappropriate or problematic decisions or processes undertaken by a government institution.9 Questions in Access to Information Requests FOIP does not require government institutions to answer questions that come in an access to information request.10 For example, access to information requests that ask why the government institution made certain decisions. FOIP provides access to records and unless answers are in a record, the government institution is not required under FOIP to answer them. However, a government institution does have a duty to answer questions as to whether it has responsive records.11 8 ON IPC Order M-618 at p.p. 16 and 17. 9 SK OIPC Review Report 053-2015 at [32]. 10 SK OIPC Review Report 091-2015 at [15]. 11 AB IPC Order F2014-39 at [22].
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