Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 14 of any fair, sensible person searching areas where records are likely to be stored. What is reasonable depends on the request and related circumstances.129F 21 It is difficult to prove a negative, therefore FOIP does not require a government institution to prove with absolute certainty that records do not exist.130F 22 When a government institution receives a notice of a review from the IPC requesting details of its search efforts, some or all of the following can be included in the government institutions’ submission (not exhaustive): • For personal information requests – explain how the individual is involved with the government institution (i.e., client, employee, former employee etc.) and why certain departments/divisions/branches were included in the search. • For general requests – tie the subject matter of the request to the departments/divisions/branches included in the search. In other words, explain why certain areas were searched and not others. • Identify the employee(s) involved in the search and explain how the employee(s) is experienced in the subject matter. • Explain how the records management system is organized (both paper & electronic) in the departments/divisions/branches included in the search. • Describe how records are classified within the records management system. For example, are the records classified by: o Alphabet o Year o Function o Subject • Consider providing a copy of your organization’s record schedule and screen shots of the electronic directory (folders & subfolders). • If the record has been destroyed, provide copies of record schedules and/or destruction certificates. • Explain how you have considered records stored off-site. • Explain how records that may be in the possession of a third party but in the government institution’s control have been searched such as a contractor or information management service provider. 21 SK OIPC Review Reports F-2008-001 at [38] and F-2012-002 at [26]. 22 SK OIPC Review Reports F-2008-001 at [38] to [40], F-2012-002 at [26] and NFLD IPC, Resource, Practice Bulletin, Reasonable Search, at p. 1.
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