Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 15 • Explain how a search of mobile electronic devices was conducted (i.e., laptops, smart phones, cell phones, tablets). • Explain which folders within the records management system were searched and how these folders link back to the subject matter requested. For electronic folders – indicate what key terms were used to search if applicable. • Indicate the calendar dates each employee searched. • Indicate how long the search took for each employee. • Indicate what the results were for each employee’s search. • Consider having the employee that is searching provide an affidavit to support the position that no record exists or to support the details provided. For more on this, see Using Affidavits in a Review with the IPC. The above list is meant to be a guide. Each case will require different search strategies and details depending on the records requested. Providing the above details eliminates any apprehension of bias and bolsters the government institution’s ability to show that a reasonable search was conducted. However, it is possible to have conducted a reasonable search without locating the record that was the basis for the allegation in the first place. Reasonableness is the standard and the efforts undertaken must be documented in the event the government institution’s search efforts are called into question in a review by the Commissioner. The government institution must be able to show it has fulfilled its obligations under FOIP.23 Records management issues discovered in the process of conducting a search for records should be addressed as soon as possible as inadequate records management practices will not be accepted as a reasonable explanation for failure to locate responsive records.132F 24 For more on records management, see the Guide to FOIP, Chapter 6, “Protection of Privacy”. 23 NFLD IPC, Resource, Practice Bulletin, Reasonable Search, a p. 4. 24 NFLD IPC, Resource, Practice Bulletin, Reasonable Search, a p. 4.
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