Guide to FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 128 Commissioner went further with the decision for the first time. The Commissioner was concerned with the cost and inefficiency of the multiple applications to disregard being submitted by SGI involving the applicant. Furthermore, that it was not in the public interest to unnecessarily add to SGI’s costs of complying with FOIP. In addition, other members of the public had an equal right to share in the public resources allocated to responding to access to information requests. When an individual overburdens the system in the way this applicant was, it has a negative impact on others who want to legitimately exercise their access to information rights. After considering how other jurisdictions handle similar situations, the Commissioner’s decision imposed other conditions not previously put forward. The Commissioner granted SGI’s application to disregard the two access to information requests. In addition, the Commissioner authorized SGI to disregard all future access to information requests made by or on behalf of the applicant that pertain to the motor vehicle accident in 2019. Upon issuance of the disregard decision, the Commissioner discontinued all reviews involving SGI and the applicant that were open pertaining to the motor vehicle accident pursuant to subsections 50(2)(a) and (a.7) of FOIP (three files at the time) and any future requests for review involving the motor vehicle accident in 2019 would not be conducted pursuant to subsections 50(2)(a) and (a.7) of FOIP. Subsection 45.1(2)(c) Power to authorize a government institution to disregard applications or requests 45.1(2) In determining whether to grant an application or request mentioned in subsection (1), the commissioner shall consider whether the application or request: … (c) is frivolous or vexatious, not in good faith or concerns a trivial matter. For this provision to be found to apply, the government institution would have to demonstrate that the applicant’s access to information request(s) or request(s) for correction is frivolous, vexatious, not in good faith or concerns a trivial matter. Similar to subsection 50(2) of FOIP, the following definitions and factors have been established:

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