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. 139 Subsection 49(1)(a.3) Application for review 49(1) Where: … (a.3) an applicant believes that an application was transferred to another government institution pursuant to subsection 11(1) and that government institution did not have a greater interest; … the applicant or individual may apply in the prescribed form and manner to the commissioner for a review of the matter. Subsection 49(1)(a.3) of FOIP provides that an applicant can request a review of the government institution’s decision to transfer the applicant’s access to information request (s. 11). For more on transfers, see Section 11: Transfer of Application, earlier in this Chapter. Subsection 49(1)(a.4) Application for review 49(1) Where: … (a.4) an individual believes that his or her personal information has not been collected, used or disclosed in accordance with this Act or the regulations; … the applicant or individual may apply in the prescribed form and manner to the commissioner for a review of the matter. Subsection 49(1)(a.4) of FOIP provides that an individual can request a review if the individual believes that his or her personal information has not been collected, used or disclosed in accordance with FOIP or The Freedom of Information and Protection of Privacy Regulations. The IPC refers to these reviews as “privacy breach investigations” and the individuals requesting them as “complainants”.

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