Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 27 • A government institution can remove information as not responsive only if the applicant has requested specific information, such as the applicant’s own personal information. • The government institution may treat portions of a record as not responsive if they are clearly separate and distinct and entirely unrelated to the access request. However, use it sparingly and only where necessary. • If it is just as easy to release the information as it is to claim not responsive, the information should be released (i.e., releasing the information will not involve time consuming consultations nor considerable time weighing discretionary exemptions). • The purpose of FOIP is best served when a government institution adopts a liberal interpretation of a request. If it is unclear what the applicant wants, a government institution should contact the applicant for clarification. Generally, ambiguity in the request should be resolved in the applicant’s favour.45 IPC Findings In Review Report 016-2014, the Commissioner considered whether information removed from a record by the Ministry of Education was responsive to the applicant’s access to information request. The applicant had requested any record held by several Deputy and Assistant Deputy Ministers and a specific unit within the Ministry of Education that mentioned the applicant’s name between January 2013 and December 2013. The Commissioner found that some of the information deemed not responsive by the Ministry of Education was indeed responsive. Furthermore, the Commissioner also found that some information deemed not responsive was appropriately removed, as the applicant’s access to information request was very specific. The Commissioner recommended that the information found to be responsive be released to the applicant. In Review Report 187-2015, the Commissioner considered whether information removed from records by Saskatchewan Government Insurance (SGI) was responsive to the applicant’s access to information request. The applicant had requested copies of all records regarding his insurance claim files. Upon review, the Commissioner found that the information removed related to the applicant’s claim files. Therefore, the Commissioner found that the information deemed as not responsive by SGI, was indeed responsive. In Review Reports 061-2017 and 023-2017 & 078-2017, the Commissioner considered the Ministry of Economy (Economy) and the Saskatchewan Power Corporation’s (SaskPower) claims that records or information were not responsive to the applicant’s access to 45 ON IPC Order PO-3492 at [15].
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